Court Dismisses Appeal Of Case Against CBS Radio, KFRG For Off-Road Race Injury
May 3, 2011 at 4:28 AM (PT)
The appeal of the dismissal of CBS RADIO and Country KFRG (FROGGY 95.1)/SAN BERNARDINO-RIVERSIDE as defendants in a lawsuit by a man injured while rescuing another rider in an off-road vehicle race has been dismissed by a CALIFORNIA Court of Appeals Judge, who concluded that the rescuer did not establish that CBS had a duty of care to the rescued party.
AARON TUCKER and wife JERI-LYN TUCKER sued CBS RADIO STATIONS, INC., KFRG, promotions manager RON MARTIN, and JEANNE BOARDMAN, owner of BOARDMANVILLE TRADING POST, owner of the property where part of the JANUARY 2006 "Poker Run" race was staged. AARON TUCKER helped another rider whose vehicle had gotten stuck on railroad tracks while a train approached; the rider and TUCKER got off the tracks but the train hit the vehicle, sending it into TUCKER and causing injuries. The TUCKERs sued the defendants and the other rider, DAVID KENDLE, and both the lower court and appeals court decided that while the rescue doctrine applies in the case, the plaintiffs failed to establish the requisite duty of care for their negligence, vicarious liability, and loss of consortium claims.
Read the decision by clicking here.