Colorado man sues first responders

[Lorelei Lee]

I travelled that road to work that morning, prior to the collapse, and I thank God every day I wasn't one of the cars that fell into the river.

As an attorney I respect his case, but as someone who was literally on that road 25 minutes before the collapse I'm thankful I made it over. It was dark and I don't know if the city or anyone else even knew the road collapsed until the sun came up. There are no lights on that road and it is a little hilly there so if you came down the hill you wouldn't have seen it. It was a short cut that saved a lot of time if you were going west, and a lot of people used the road. It took about a week to even get all the cars out of the river

I personally think he should call it an accident and grow up and be happy he's alive.

This is why I am alway leery of media sound bites. You were there and bring a perspective to the discussion that was lacking in the news article.

We can all speculate about the "proof" this lawyer plans to present if the matter proceeds, but ... Well, based on what you said, I think I agree with your assessment.

 

[monsterkitty]

Our principal watched this entire accident. He said that the water came so fast that there was no time to react. One second there were cars in front of him, the next they were in the river. He barely stopped before he went in with the few cars in front of him.

There wasn't time to close the road. There was no warning. Suing people who risked their lives to rescue him is what happens in this day and age. First responders know this and still do their jobs.

 

[rickybobby]

$460,000 for emotional pain and suffering. That poor man.

For those of you out there who have taken any medication whatsoever in your lifetime, call 1 800 Bad Drug. You may be entitled to financial compensation.

 

[goofy!]

This is the google maps street view of the bridge. Go to where the Xcel Energy truck is working on the street. You see the walking path. The ditch next to it is the "creek."

Doesn't look like much, does it?

It was a flash flood that happened very, very quickly.

https://www.google.com/maps/@39.957...ata=!3m4!1e1!3m2!1s450QPsJo7gCK5xG-BRpy_A!2e0

Here is the video of the rescue. His car is the one upside down.
http://www.9news.com/story/news/local/2014/02/26/1877294/

 

[goofy!]

I travelled that road to work that morning, prior to the collapse, and I thank God every day I wasn't one of the cars that fell into the river.

As an attorney I respect his case, but as someone who was literally on that road 25 minutes before the collapse I'm thankful I made it over. It was dark and I don't know if the city or anyone else even knew the road collapsed until the sun came up. There are no lights on that road and it is a little hilly there so if you came down the hill you wouldn't have seen it. It was a short cut that saved a lot of time if you were going west, and a lot of people used the road. It took about a week to even get all the cars out of the river

I personally think he should call it an accident and grow up and be happy he's alive.

Just curious -How is it a shortcut going west? I thought there is a "Do Not Enter sign" on the west end - you can't even get onto Dillon. Basically you are dead ended. Is there another access to Dillon? We always take regular Dillon (went past the bridge just this afternoon) because we hate the light at the East end of the access road and you have to wait for all the Dillon traffic. But if there is a way to make it a shortcut, please share

 

[PollyannaMom]

And the results will be -

A) good people, who would have made wonderful first responders, will be scared off from pursuing the career because of lawsuits.

B) the government will begin closing roads left and right for the smallest pothole or chance that the temps may fall below freezing, fearing more lawsuits like this one, and causing huge inconvenience to a lot more people.

I think it's awful.

 

[Aliceacc]

It sounds to me as though he's right in saying the road should have been closed.

But as to the rest... nonsense.

 

[Pre]

Just curious -How is it a shortcut going west? I thought there is a "Do Not Enter sign" on the west end - you can't even get onto Dillon. Basically you are dead ended. Is there another access to Dillon? We always take regular Dillon (went past the bridge just this afternoon) because we hate the light at the East end of the access road and you have to wait for all the Dillon traffic. But if there is a way to make it a shortcut, please share

West Dillon was a shortcut, now since its still closed I'm stuck with the rest of traffic going the long way on Dillion, If they ever fix the bridge then it will be a shortcut again, but I'm sure because west Dillon only serves the two business and the train tracks are ok CDOT is focusing on other damaged roads.

 

[MerMom60_94]

What do you all think of this?


http://www.denverpost.com/breakingn...-man-rescued-from-rock-creek-during-september


A Broomfield man who was rescued from his submerged car during the September floods has filed papers indicating he might sue his rescuers and first responders.

Roy Ortiz was rescued by North Metro Fire Rescue District and others who responded to the scene after his car was washed off the road on Sept. 12. He says crews took too long to respond to the accident after he became trapped in his upside-down car near the intersection of U.S. 287 and Dillon Road in Lafayette.

He also claims the road should have been closed, thus the accident that left him trapped in the submerged car would never have happened.

No lawsuit has yet been filed, but Ortiz's lawyer, Aurora attorney Ed Ferszt, has filed a legal document that is a typical precursor to filing a lawsuit against a government agency.

A number of cars went into Rock Creek on Sept. 12, when Dillon Road washed out. Roy Ortiz, who was among those rescued from their vehicles, could sue emergency responders claiming they did not rescue him quickly enough. ( David R. Jennings )


The document, called a government immunity notice, is addressed to agencies in the cities of Boulder, Broomfield, Westminster and Lafayette. The document specifically names Boulder County sheriff's deputies, a member of the Westminster dive team, Broomfield and North Metro Fire Rescue District.

The document claims first responders, Boulder County Sheriff's deputy Jeannette Cunning and Sgt. Mike Linden, and an unnamed member of the Westminster dive team, failed to see Ortiz was trapped in the car, and that he ended up spending two hours submerged in Rock Creek until he was rescued.

In the document, Ferszt stated Ortiz survived “by pure grace.”

David Hughes, Boulder deputy county attorney, said Boulder will investigate the claim, “which is what we do with all notices of claim,” he said.

The document also states the road should have been closed and marked as dangerous.

If Broomfield had closed the road, Ortiz would not have suffered physical trauma, such as hypothermia and muscle spasms, and would not have suffered property damage and emotional distress, the document states.

Ortiz has incurred about $40,000 in medical bills from the accident, and about $500,000 in total damages, according to the document.

Sara Farris, a spokeswoman for North Metro Fire, said the document was sent to the fire department and other agencies who responded to the accident, but the fire department has not received word about further action.

Ferszt did not immediately respond to calls for comment from the Enterprise, but in a CBS 4 story, he said it was “unfortunate to have to try and cast liability and responsibility for this act of God on the men and women who risked their own lives.”

CBS 4 reported that Ortiz reluctantly filed a notice of intent to sue because he needs help paying medical bills.

Farris said North Metro realizes Ortiz's ordeal was traumatic, but said responders did all they could to rescue him.

“We sympathize with what he went through,” she said. “Given the challenging conditions, we feel our responders performed well and professionally.”

News of potential legal action comes nearly six months after Ortiz was rescued from his submerged car during the historic floods in September.

Ortiz, who was driving to work on Sept. 12 on Dillon Road near U.S 287, saw the street was washed out by flood waters. He tried to stop, but became trapped in his car when a bridge collapse caused him to slide off the road into Rock Creek.

In September, Ortiz said he called his wife when he fell off the road, then called 911. Before he could get out of his car, two more vehicles on the road crashed into the same creek, causing his car to flip over in the water.

Ortiz said he survived by positioning his head in a small air bubble near the back of his car, but the sound of the flood waters made it impossible for him to yell for help.

"Everywhere I moved, there was the water," he said. "Two hours was an eternity."

North Metro Fire personnel rescued him from his submerged car. Farris said records indicate rescuers had Ortiz out of the car in just a little more than an hour after the 911 call was received.

Ortiz and his rescuers shared an emotional moment after Ortiz was released from the hospital on Sept. 13, where, at a press conference, he thanked North Metro for rescuing him and said his faith in God helped keep him calm during the flood.

Jim Chalat, a Denver personal injury lawyer not related to the case, said it is not uncommon for people to sue public entities such as ambulance companies or fire departments. To win a case, however, the plaintiff must be able to show that the company showed “gross deviation from reasonable care” or that the plaintiff received care or services that caused them a significant or unreasonable injury.

“It would have to be a type of “Oh my God” screw-up,” he said.


Read more: Broomfield man rescued from Rock Creek during September floods could sue his rescuers - The Denver Post http://www.denverpost.com/breakingn...rom-rock-creek-during-september#ixzz2vf48bCkt
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse
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http://www.huffingtonpost.com/2014/03/10/roy-ortiz-may-sue-rescuers_n_4936804.html

I highlighted where it says he made two phone calls before getting out of his car and, because of this, he was still in the car when the other cars caused his car to flip. I don't know about any of you but if my car went into the water I would get out first and make calls later. If I did make a phone call first it would be to 911, not a loved one. It seems to me he caused his own delay and put himself in a worse position than he initially was in. I am surprised nobody here has picked up on this.

 

[Hannathy]

I highlighted where it says he made two phone calls before getting out of his car and, because of this, he was still in the car when the other cars caused his car to flip. I don't know about any of you but if my car went into the water I would get out first and make calls later. If I did make a phone call first it would be to 911, not a loved one. It seems to me he caused his own delay and put himself in a worse position than he initially was in. I am surprised nobody here has picked up on this.

Oh but don't you know personal responsibility has gone out the window in this country !!

 

[goofy!]

It sounds to me as though he's right in saying the road should have been closed.

But as to the rest... nonsense.

Why is he right that the road should have been closed?

 

[goofy!]

West Dillon was a shortcut, now since its still closed I'm stuck with the rest of traffic going the long way on Dillion, If they ever fix the bridge then it will be a shortcut again, but I'm sure because west Dillon only serves the two business and the train tracks are ok CDOT is focusing on other damaged roads.

I think I misunderstood what you said before.

I thought you were using the access road to go West (towards 287) which is impossible, but I think you just said West Dillon. I hadn't been on the access road for awhile, so I was hoping there may have been another access opened.

I hate Dillon, especially after school when all those buses line up to turn, but there is no turn signal. It takes forever to inch up that hill.

 

[pryncess527]

I highlighted where it says he made two phone calls before getting out of his car and, because of this, he was still in the car when the other cars caused his car to flip. I don't know about any of you but if my car went into the water I would get out first and make calls later. If I did make a phone call first it would be to 911, not a loved one. It seems to me he caused his own delay and put himself in a worse position than he initially was in. I am surprised nobody here has picked up on this.

Yeah, I've always been told that the first thing you should do when you are car and you could be anywhere near traffic, is always get out of your car. Never sit in a car in a wreck, on the side of the road waiting for a tow truck, etc.

 

[dakcp2001]

I highlighted where it says he made two phone calls before getting out of his car and, because of this, he was still in the car when the other cars caused his car to flip. I don't know about any of you but if my car went into the water I would get out first and make calls later. If I did make a phone call first it would be to 911, not a loved one. It seems to me he caused his own delay and put himself in a worse position than he initially was in. I am surprised nobody here has picked up on this.

Wow.

 

[Aliceacc]

Why is he right that the road should have been closed?

From the OP:

A number of cars went into Rock Creek on Sept. 12, when Dillon Road washed out. ...

The document also states the road should have been closed and marked as dangerous....

Ortiz, who was driving to work on Sept. 12 on Dillon Road near U.S 287, saw the street was washed out by flood waters. He tried to stop, but became trapped in his car when a bridge collapse caused him to slide off the road into Rock Creek.

I have no experience with flooded roads, so maybe I'm off base here. But it seems to me that if several cars went into the creek because a street was washed out, then that street should have been closed. One car means it might have been driver error. "A number of cars" seems to indicate unsafe conditions.

As to suing the first responders, that's just wrong. They risked their lives to save his; he should be thanking them instead of hauling them into court.

 

[Tozzie]

From the OP:

A number of cars went into Rock Creek on Sept. 12, when Dillon Road washed out. ...

The document also states the road should have been closed and marked as dangerous....

Ortiz, who was driving to work on Sept. 12 on Dillon Road near U.S 287, saw the street was washed out by flood waters. He tried to stop, but became trapped in his car when a bridge collapse caused him to slide off the road into Rock Creek.

I have no experience with flooded roads, so maybe I'm off base here. But it seems to me that if several cars went into the creek because a street was washed out, then that street should have been closed. One car means it might have been driver error. "A number of cars" seems to indicate unsafe conditions.

As to suing the first responders, that's just wrong. They risked their lives to save his; he should be thanking them instead of hauling them into court.

Maybe it was washed out maybe it wasn't, the news story is the "victims" account which I doubt is exactly what happened.

 

[EMode]

If Darwin was alive he'd probably sue them for saving that guy. They just can't win.

 

[goofy!]

From the OP:

A number of cars went into Rock Creek on Sept. 12, when Dillon Road washed out. ...

The document also states the road should have been closed and marked as dangerous....

Ortiz, who was driving to work on Sept. 12 on Dillon Road near U.S 287, saw the street was washed out by flood waters. He tried to stop, but became trapped in his car when a bridge collapse caused him to slide off the road into Rock Creek.

I have no experience with flooded roads, so maybe I'm off base here. But it seems to me that if several cars went into the creek because a street was washed out, then that street should have been closed. One car means it might have been driver error. "A number of cars" seems to indicate unsafe conditions.

As to suing the first responders, that's just wrong. They risked their lives to save his; he should be thanking them instead of hauling them into court.

Since several of us travel that road frequently and were around when it happened, that is not how it happened.

All three cars went in right after each other. It was not one that went in and then some time in between where the city had time to decide to close it. There was a flash flood that took out the bridge as cars were going over it. The three cars went in, one, two, three. He tried to stop and couldn't.

I posted the video of the rescue previously and the google map of the bridge before it washed out. You can see that it is a deep drainage ditch, designed to handle runoff.

Nobody expected a sudden flash flood or a 1,000 year rainfall/flood.

There was no warning and from what I have heard around town, no expectation of the ditch flash flooding, so there was no reason to think the road should have been closed.

Per drove over it 20 minutes before it gave way. Monsterkitty's principal watched the whole thing, saying the water came up so fast, there was no time to react.

Again, it is a drainage ditch that was designed to hold water. Nobody expected that a one in a thousand year freak storm was going to happen. It happened so quickly.

The video shows how many first responders were there to help him. His claims that they weren't responsive are crazy. It also shows his flipped car. If I remember correctly, his car remained upright for a bit before it flipped. However, I will give him some credit. With the ditch raging water in a flash flood, you don't just get out of your car. You would drown trying to navigate rushing water.

The road was closed immediately after the first cars went in and remains closed today.

His description of what happened is just strange. I hope Broomfield does not settle with him just to get it over with.

 

[Dsnyfireman]

Well it doesn't surprise me!! People will sue for anything! Save them and they sue,don't save them and their family will sue you! As for it taking too long to get him out, how far away is the nearest fire station? How many other calls were they on? And it sounds like he was submerged, he used an air bubble to breath so he must have been under completely ? Lucky they found him at all, or maybe I just miss understood. Calls get prioritized by first ones in and how bad they seem over the phone . So units may have been busy working other calls before they got to this wonderful individual .... When a major incident occurs like a natural disaster emergency services get stretched thin! Response times can be extreme !! I have seen it take over an hour to get to calls that normally would have been ten minutes . Yes we are suppose to be professionals and do our job right and fast, but we are not super heroes( shhh don't tell anyone I said that!! Lol) we can only do just so much for people, they need to realize we can't save them all!!! Some have said that people won't take the job of first responder if this keeps up, and you are right to a point. It isn't something most of us can put a finger on, but the work comes first... We come after all else. Sue me if you want , but at least I gave you the second chance to do so..... And your welcome! In case you missed my user name... 13 years a firefighter and medic in Maine, son of a retired 30+ years firefighter, god son of 30 year firefighter and so on... It's in the blood.

 

[Disney Doll]

He should be ashamed of himself. Gold digger.