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Estate of Minser v. Poinsatte8/14/1998
o & St. Louis Ry. Co. v. Lynch (1903), 69 Ohio St. 123, 68 N.E. 703.
Nevertheless, one's status as a rescuer has limits in time and space. One may be a rescuer only as long as he or she has a reasonable belief that a victim is in peril. Marks, supra, at 324, 6 O.O.3d at 363, 370 N.E.2d at 484. "[A) reasonable belief of continued peril could not exist in a case where the negligent act causing the victim's injuries had run its course and the victim's life was no longer in peril * * * ." Id.
In this case, both Poinsatte's deposition and Nurse Abate's affidavit concur that both occupants of the overturned van were out of the van and under Nurse Abate's care before Timothy Minser came in contact with the live wire. Additionally, the Abate affidavit does not refute Poinsatte's assertion that Minser and the live wire were at least twenty-five feet from the overturned van. From this uncontested evidence, we conclude that Phillip Poinsatte's negligent act that caused injuries to the van passengers had run its course and no immediate peril existed for either victim. At this point, Minser lost his status as a rescuer and appellees' duty to him ceased.
The question of whether there was or was not a policeman at the scene who did or did not warn Minser of the live wire is not material. As a matter of law, by the time Minser grabbed or came into contact with the electrical wire, appellees owed him no duty. Accordingly, appellant's first assignment of error is not well taken. We, therefore, need not reach appellant's second assignment of error, which we determine to be moot.
The judgment of the Williams County Court of Common Pleas is affirmed. Costs to appellant.
Judgment affirmed.
MELVIN L. RESNICK and GLASSER, JJ., concur.
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