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Thread: Colorado man rescued during September floods facing backlash for potential lawsuit

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    Colorado man rescued during September floods facing backlash for potential lawsuit

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    Roy Ortiz was rescued from raging flood waters during the historic floods last September in Colorado.

    His vehicle plunged into a creek in Broomfield County after hitting a portion of washed out road near the intersection of U.S. 287 and Dillon Road in Lafayette.

    Ortiz is now filing an intent to sue the county and his rescuers for up to $500,000.

    His attorney, Ed Ferszt, says the rescue possibly took longer than it should have because divers didn't know Ortiz was still in the car. He found a pocket of air and managed to stay calm for the two hours he was trapped in the cold water.

    That intent to sue has sparked a firestorm of criticism.

    He's been called an ambulance chaser and any number of other names.

    But Ferszt says even though divers with North Metro Fire Rescue have a very difficult job, if they didn't realize Ortiz was still alive inside the car that was flipped upside down, those rescuers were negligent.

    “Of course he was thankful because those divers did have a major role to play in saving his life that day,” said Ferszt. “That doesn't negate the fact that a mistake may have been made. I can understand why there's a lot of furor over people thinking that he's biting the hand that feeds. Does that mean that officers of North Metro Fire are above reproach?”


    Hmmm. What do you think?
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    I think they the first responders may have immunity in order to avoid this very crap.
    They should counter sue him for putting their lives in danger by putting them in a position where they were required to rescue him.
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    Was the area supposed to be evacuated? What were the rescue workers doing during the two hours? When was the car spotted?

    Is there a link for more of the story? From this, and probably most other information, I think a lawsuit is bullshit. Just another example of how police, fire, ems are expected to be superhuman and constantly put their own lives in jeopardy to save others while running an absurd risk of being sued. He's lucky he did get help and should be grateful to be alive.
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    The sue happy mentality of today's society baffles me.

    How were they supposed to know he was trapped inside. Maybe it took 2 hours for them to get down there and see that he was trapped.
    effing idiot... next time he may not be so lucky to survive...

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    #5
    Quote Originally Posted by lavender_jane View Post
    Was the area supposed to be evacuated? What were the rescue workers doing during the two hours? When was the car spotted?

    Is there a link for more of the story? From this, and probably most other information, I think a lawsuit is bullshit. Just another example of how police, fire, ems are expected to be superhuman and constantly put their own lives in jeopardy to save others while running an absurd risk of being sued. He's lucky he did get help and should be grateful to be alive.
    ^that -- this doesn't seem to be telling the whole story because there isn't much that is actually telling what the suit is based on - yes, it tells what happened, but not where/how he/his attorney feel the negligence actually occurred.
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    #6
    This has more info on the details of the incident and where they believe the fault may lie to justify the suit:
    Man rescued during September floods facing backlash for potential lawsuit - Story
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    And the legal term for that mistake is negligence.
    I can't believe an attorney said this. No wonder he thought this guy had a case.
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    #8
    still confused on who they are suing and why.

    Are they suing the city for not closing off the road? Are the suing because two other cars ended up in the water too and pushed him down further?
    Are they suing because they feel the divers should of seen him and didn't?

    To me, all still bogus. I don't know of many cities that close off roads due to flooding.. kind of common sense when driving, if you can't see the road because of water, don't go down it. Can't fault or blame the city for others doing the same thing this guy did (ie. the two other vehicles that ended up in the water). As far as the divers, we don't know the conditions of the water or anything to know the visibility and how easy it was (or wasn't) to see. And it also makes sense that the two closer vehicles would be serviced/rescued first.

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    #9
    Quote Originally Posted by Guynavywife View Post
    I think they the first responders may have immunity in order to avoid this very crap.
    They should counter sue him for putting their lives in danger by putting them in a position where they were required to rescue him.


    Dafuq? This guy does not have a case. Maybe he's looking for a settlement, or the attorney is working for fee not contingency. I see many pretrial motions here I doubt this will make it to trial. What a waste of everyone's time.
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    Ridiculous
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