Garcia v. Colorado Cab Co.
2020 CO 55. No. 19SC116. Torts—Negligence—Rescue Doctrine.
June 15, 2020
In this case, the Supreme Court considered what is required for a person to qualify as a “rescuer” under the rescue doctrine. The Court held that to qualify as a rescuer, an individual must have intended to aid or rescue a person whom he or she reasonably believed was in imminent peril, and acted in such a way that could have reasonably succeeded or did succeed in preventing or alleviating such peril. Applying this test to the facts of this case, the Court concluded that plaintiff qualified as a rescuer under the rescue doctrine. Because the Court of Appeals concluded that plaintiff did not qualify as a rescuer because he did not physically intervene, the Supreme Court reversed and remanded the case to that Court to address the remaining issues raised on appeal.
Torts, Negligence, Rescue Doctrine