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I. BRIEF CONCLUSION
Dr. Ethel Hobart can use State Civ. Prac. & Rem. Code S 99.11 (Norbert 2007).
II. ISSUE
At issue here is whether a person is liable for civil damages for an act performed
Dr. Hobart was traveling on Olga St; she then turned north on Broadway Ave after
seeing no cars coming, when she turned she was unaware of the cyclist that was on
Broadway. The cyclist then swerved out of Dr. Hobart’s car and into a lane where cars
where traveling the opposite direction of Dr. Hobart’s car. At this point traveling on
the lane where the cyclist is now on, is Emma Ponton and her 8 yr old passenger
Daniel Orca. Emma Ponton swerve to miss the cyclist and hit a telephone pole
seriously injuring Daniel. Dr Hobart immediately called 9-1-1 and provided medical
care to Daniel until the ambulance. The Orca’s have already settled with Dr. Hobart’s
auto insurance for negligence of operating a motor vehicle. The current lawsuit is
only for the post accident events that may have led to Daniel’s injury to her left arm
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where it has limited movement. The Orca’s believe Daniels injuries are because Dr.
IV. ANALYSIS
State Civ. Prac. & Rem. Code S 99.11 (Norbert 2007). States (a)A person who in
good faith administers emergency care is not liable in civil damages for an act performed
during the emergency unless the act is intentionally or willfully wrongful, including a
(2) Administers emergency care as a volunteer who is a first responder to any criminal or
terrorist act.(b) This section does not apply to care administered:(1) For or in expectation
emergency because s/he was soliciting business or seeking to perform a service for
remuneration(c) This section does not apply to a person whose negligent act or omission
was a contributing or producing cause for which care is being administered. Id. The only
part that applies to the current case is section (a). and clearly the accident was an
emergency situation that required Dr. Hobart to provide care to Daniel. Section (c) of the
State Civ. Prac. & Rem. Code S 99.11 (Norbert 2007). would be a viable option to have a
lawsuit if they were suing Dr.Hobart for her negligence for her driving but they are suing
Dr. Hobart under negligence for her actions after the accident which she would not be
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IV. CONCLUSION
I have reached my conclusion on the basis of State Civ. Prac. & Rem.
Code S 99.11 (Norbert 2007). Section (a). I believe the post accident atmosphere
was an emergency situation, and because of the situation Dr. Hobart is not liable