Sunday, August 09, 2009
Nebraska Supreme court reverses summary judgment in rescuers action against motorist who slid off Interstate 80. Motorist who slid off road could be negligent and injured motorist who suffered amputate foot in accident that occurred while he was trying to help defendant could be a rescuer. Rasmussen v. State Farm Mut. Auto. Ins. Co., S-08-747, 278 Neb. 289 "We conclude that the district court should have applied the rescue doctrine to the facts of this case. Here, we find no reason to make a distinction between the negligence of the person being rescued which is a proximate cause of injury to the rescuer and the negligence of a third party which placed the person to be rescued in peril and caused injury to another who attempted the rescue."