A case has been settled concerning the injuries a paramedic suffered while responding to an emergency. On June 20, 2003, a call was made to the Coffee Creek Fire Department that Curtis G. Cortopassi had been involved in an accident while operating his ATV on a private road. Mr. Cortopassi was intoxicated and his vehicle had an under-inflated tire. When his ATV overturned, Mr. Cortopassi was thrown to the ground with the vehicle landing on top of him.  

40-year-old Julie Anne Eaker, a volunteer with the Fire Department, responded to the emergency call with an ambulance crew. A locked gate to the private road prevented the ambulance from reaching Mr. Cortopassi. A bystander, Mr. Cain, offered to transport Ms. Eaker to the location on his ATV. Ms. Eaker accepted, unaware that Mr. Cain was also intoxicated. 

As Mr. Cain neared the locked gate, he stopped the ATV and asked Ms. Eaker if she wanted to remain on the ATV. He told her he could make it safely around the gate; however Ms. Eaker chose to dismount the vehicle. As she did so, Mr. Cain restarted the ATV, and Ms. Eaker attempted to regain her balance by holding on to Mr. Cain from the rear of the ATV. The ATV then overturned, landing on top of Ms. Eaker. She permanently lost use of her left arm and may need an elbow replacement at age 50. She is unable to perform medical tasks, which was a skill that may have provided her with employment in the future.   

Ms. Eaker stated that Mr. Cain was negligent in his operation of the ATV, and was further compromised by his intoxication. She also felt that Mr. Cortopassi was responsible, due to a law that states that if a person is injured while rescuing another, the person who negligence created the need for rescue may be liable.  

Mr. Cortopassi and Mr. Cain were each found 50% percent responsible, and $1,755,109 was awarded to Ms. Eaker.

If you reside in southern California and have been seriously injured, contact the law firm of Estey & Bomberger.