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NMMR: My Dad had an altercation while being a Good Samaritan

I know that no one can advise legally here. What I'm asking for are suggestions or possible questions to ask. Also, I'm asking for input on how to select an attorney to represent my dad.

This occurred last night in North eastern Ohio. My Grandfather, who I'll call Howard gets regular dialysis. My dad, went to pick him up after the treatment was complete. In the waiting area with Howard, was a woman, I'll call Nancy. Nancy is also a dialysis patient and was quite ill/weak. Her taxi had arrived, and it being cold and poor weather, my dad, escorted Nancy to the taxi.

My dad is, in a word, honorable. He is a helper. Patient. Kind. And he has no mean bones in his body. Also, he is 70 years old, has lost muscle tone, and is only about 5'9" tall. He is former Army and was raised in a time of displaying respect, chivalry, and honor.

So, he took Nancy outside to the waiting taxi and opened her door and helped her get in. While doing this he told the cab driver, who I'll call Mike, that Nancy needed assistance and was very weak. Mike said, "I don't do stuff like that, I'm doing paperwork." Again, my dad asked Mike to assist the lady and more or less informed Mike that Nancy was ill and may require help. Again, Mike said, "I don't do that. I'm doing paper work." So, my dad ignored Mike and continued to help Nancy get settled in the cab. Meanwhile, Mike excited the vehicle and came to my dad and got in his face. Like Mike didn't appreciate that my dad was assisting the lady and it somehow pointed out Mike's poor manners and bad attitude. Anyway, it escalated verbally and then Mike pushed my dad.

My dad, realed backwards, caught his fall and put up his hands.

Then, Mike fell down and he laid there and allegedly couldn't get up.

My dad called an ambulance for Mike, and with the ambulance the police arrived, and a report was taken. My dad went home with Howard. Howard never saw a thing.

Crap all around. Because it's looking like Mike is accusing my dad of pushing him. And/or, Mike is going to say that he was injured.

My dad called his insurance company. I don't know the extent of my dad's insurance coverage at this time.

Anyway, does anybody have any ideas? Or opinions? My dad has a lot of assets. How would he protect these? Is there a way to see if Mike has a history of filing crap lawsuits? And, what should my dad look for in an attorney? And, how will we know what's going to happen next? What's the process with something like this?

This breaks my heart. My dad would give his clothes off his back for someone else - even someone he didn't know. He just doesn't deserve this.


Re: NMMR: My Dad had an altercation while being a Good Samaritan

  • Wow, I have no real input except to say that I'm sorry your dad is going through this.  That sounds awful.  I agree that it doesn't sound like Good Samaritan laws would apply here, but hopefully with witnesses (are Howard and Nancy competent to give statements?) he would easily win any lawsuit and not be responsible for the legal fees.  
  • Wow, I have no real input except to say that I'm sorry your dad is going through this.  That sounds awful.  I agree that it doesn't sound like Good Samaritan laws would apply here, but hopefully with witnesses (are Howard and Nancy competent to give statements?) he would easily win any lawsuit and not be responsible for the legal fees.  
    Howard (my grandpa) was waiting inside the building and did not see this event. He is therefore not involved as a witness. We do not know Nancy, as she was just an unknown woman my dad was assisting into a cab. Aside from her being ill/weak after her dialysis treatment, I know nothing about her competence as a reliable witness to the event.
  • I'm sorry your dad is going through this.  You know I can't give you legal advice... and even if I could, I'm not a litigator so you would want to take what I have to say with a grain of salt anyway.

    Generally, folks who file lawsuits first look to see if the defendant has insurance coverage (umbrella insurance, car insurance, etc.).  If there is insurance coverage, then they usually sue for some amount at or under the insurance limit.  I think it's shady (personally), and it drives insurance rates up, but that's fairly standard.  Please have your dad seek legal advice before he goes and buys brand new insurance just to cover him for this incident.  He doesn't want to inadvertently engage in insurance fraud, so I would seek legal advice before purchasing anything new. 

    As for looking for a lawyer, I would pick somebody who has a good reputation in that community and who has a decent likelihood of knowing the judges in town.  Not to cast aspersions upon our judiciary, but judges are people just like the rest of us.  I think it's better to be represented by somebody they like vs. somebody they find difficult and privately dread having to see in their courtroom.  You can get a sense of this by looking at the bios of lawyers in town.  If the lawyer you are considering has held elected positions in the local bar association, for example, that's a pretty good indication that they are generally well-liked in the legal community.  If they serve on lots of boards, that's another indication, etc.

    I would also look to get a lawyer before this guy has a chance to sue your dad.  To me, it would be worth paying the lawyer for an hour or two of his/her time to brief them on what happened and ask if there's anything that your dad can do NOW (before a lawsuit has been filed) to protect himself.  Your dad may be too late to do anything at this point, but a lawyer who does this kind of thing every day should be able to tell him what kind of risk he's looking at and if there's any way to minimize that risk at this point.  Just having that info would be worth paying a lawyer for a few hours of work.  They should also be able to run this guy's name through the court system to see if he files frivolous lawsuits on a regular basis, and if so who he has represent him (if anybody).  Your dad will only know if he's actually sued if he's served with a lawsuit.  Usually once he's served the clock starts to run to respond to the complaint, and that's another reason to have a lawyer your dad likes on-call.  I don't do court filings very often, but I do have to meet regulatory deadlines and my husband does court filings on a regular basis.  The worst thing that can happen to us is for a client to call and give us 2 days' notice to file something. Our work is typically much more thorough if we have plenty of notice and have already been briefed on the situation so we have a game plan in mind before the clock even starts to run.  

    I'm biased in this regard, but I prefer mid-sized or large firms over small ones.  The rates will be higher, but the work is likely to be better.  The exception to this is finding a solo practitioner who was trained at really high levels and spent most of his/her career there before going out on their own.  Their work should be excellent as well.  Obviously your dad is looking for a defense attorney, and the good news is that most of the mid-sized/larger firms do vastly more defense work than plaintiff's work.  It's their bread and butter.

    The lawyer your dad picks should follow the rules on establishing the attorney-client relationship.  There should be an engagement letter that includes the lawyer's rates so your dad isn't surprised by what it's costing him per hour.  If the first bill comes and it's outrageous, your dad can certainly call and complain/negotiate that bill... and then seek legal services elsewhere.  Your dad may also want to ask if they can cap the legal services to a certain amount at the outset (maybe he provides a retainer upfront and tells them that once it's gone it's gone, unless/until he gets served), at least until he knows whether he's being sued or not.  I think having a meeting and maybe paying for a bit of research is worthwhile, but he doesn't want to spend a small fortune on this if nothing actually happens.

    As for the legal fees if he does get sued, I'm sorry to tell you this, but litigation is expensive.  It just is, and the procedures lawyers are required to follow only make the expense worse.  The expense is the reason that more than 95% of cases settle these days instead of going to trial.  For many defendants, settling a frivolous lawsuit is actually cheaper than spending the money to fight it.  More and more cases are also going to arbitration, which is an alternative means of dispute resolution.  Your dad could ask his lawyer about that option as well.  Typically in lawsuits/arbitrations the parties pay their own costs.  Plaintiffs lawyers typically take a 1/3 cut of whatever they recover (which I think is unethical, but I don't do plaintiff work for a living), and defense lawyers are typically paid by the hour.  

    I hope this is helpful, even though I can't give you legal advice.  I'm really sorry to hear he's going through this.  
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  • AprilH81 said:
    <---- Not a lawyer, didn't go to law school and took no law classes.

    I think the Good Samaritan laws only protect your Dad if Nacy had gotten hurt/filed a suit against your dad for helping her into the cab.  I don't think Mike (taxi driver) would be involved in that.

    I don't understand why if Mike wouldn't get out an help Nancy that he would get upset and get out of the car to confront your Dad for doing what he didn't want to (or couldn't) do.  That makes zero sense.

    I'm sorry your dad is going through this.  

    Yeah I agree that I do not think Good Samaritian Laws apply here as the issue is between Mike (taxi driver) and my dad, not my dad and Nancy (the ill woman).

    I know my dad and I can imagine that he had a polite yet advisory tone (he was an officer in the Army and is currently a VP at a company) with Mike as he explained that Nancy was ill/weak. My dad would have been very diplomatic and probably said something to the effect of, "Hey this woman needs help and please help her, okay?" When the guy refused my dad probably got a little stiff and still polite would have asked him again but would have been more direct. That's how I imagine it, anyways.

    I did learn that Nancy in her statement said that Mike pushed my dad first. After Mike had gotten out of the vehicle and got into my dad's face.

    My dad is always looking out for the "little guy." In this case, the ill woman, Nancy. And, I think he got caring and protective of her towards Mike who didn't want to do a thing to help. I think Mike reacted nastily to my dad's imploring for help.

    I'm running this over in my head, I know my dad is not a hot-head. I also know he wants to be sure folks get the care they need. I think he took a defensive/protective posture for Nancy's benefit and Mike got irked by that because the implication is that Mike was an a$$. It's possible my dad made Mike feel like the a$$ he is and Mike didn't like that feeling so he jumped out, got in my dad's face, and pushed him.

    Anyway, I think of all the times I myself or people I hear of take a stand to do what's right. Do we say nothing simply because the person we're pointing out as doing the wrong thing gets upset? Mike got angry with my dad. Maybe Mike had a "right" to be irked. I think Nancy had the right to decency. I think my dad had a right to voice displeasure and urging at Mike's refusal to help - Mike is after all, the PROFESSIONAL being hired here as the taxi driver. People ought to be able to voice displeasure over their treatment as customers or potential customers if they see or hear something unfit. Regardless of feelings, my dad did not deserve to be pushed.

    I hope this just ends and goes no further.

  • If this turns into a lawsuit or even charges for assualt, have your dad get a lawyer. A lawyer can contact the facility to see if they security cameras that may have caught the event & if so draw up paper work needed to obtain a copy of the tapes. He may want to do that part ASAP just because with most information being digital, sometimes businesses only keep their tapes for 30 days. Better to get a copy of the tape now & store it then risk it not being available by time it goes to court if it goes that far.

  • Check with the hospital/clinic to see if they have video cameras in the area this happened that would be the best indicator of what happened.  Also see if Nancy can be tracked down as a witness her testimony would be invaluable in this case. 
  • If it makes you feel any better - people tend to go for the deeper pockets first, I would expect him to go after the facility itself. If he does file a lawsuit against your father then chances are it is going to be against anyone even remotely involved.

    As long as your father didn't do anything wrong then you have little to worry about. You even mentioned that Nancy said that Mike pushed your dad first... so there is leverage for him right there. If Mike did try to press charges or file a lawsuit then your father has the grounds to do the same back at him - which will dissuade Mike from doing so in the first place.

    I agree with above advice. Contact the facility to see if you can get any security footage if they don't keep the footage. Some places record over footage very quickly so it is better to find out asap and get your bases covered.
  • blondie42107blondie42107 member
    Ancient Membership 1000 Comments 250 Love Its Name Dropper
    edited January 2015
    If the police were called, and a report was taken, did your dad get a copy? I'd be curious what it says.
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