DUTY TO RESCUE Flashcards
Lundy v. Adamar of New Jersey (casino case)
Plaintiff had heart attack at casino and got aid from casino’s nurse and others–Court found business has duty to provide medical care, but did not have to be prepared with all medical care possible, nurse did enough and can’t be held liable because she didn’t do everything
McCoy v. American Suzuki Motor (Suzuki case)
Plaintiff stopped to help motorist who flipped his Suzuki, and then plaintiff was injured in a hit and run while he was helping–Court found plaintiff could sue Suzuki because they caused the rescue, but the jury must find proximate cause for them to be held liable (cause-in-fact and legal cause)
Moody v. Delta Western (Firefighter Rule case)
Plaintiff was a police officer that was injured while attempting to stop someone who stole defendant’s company truck and was driving it–Court found Firefighter Rule applicable here and barred the plaintiff from recovering damages because he was a police officer doing his job, and public policy reasons don’t support that (don’t want to burden taxpayers)
