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Swenson v. Waseca Mutual Insurance Co.12/10/2002
t the "during transit" provision only protects those who provide some sort of emergency care while the person is being transported to a health-care facility.
The purpose of the statute is to encourage laypersons to help those in need, even when they are under no legal obligation to do so, by providing immunity from liability claims arising out of an attempt to assist a person in peril. Tiedeman by and Through Tiedeman v. Morgan, 435 N.W.2d 86, 89 (Minn. App. 1989), review denied (Minn. Mar. 24, 1989). This is consistent with the acknowledged purpose underlying most Good Samaritan statutes, which is to provide protection to "individuals from civil liability for negligent acts or omissions committed while voluntarily providing emergency care." Danny R. Veilleux, Annotation, Construction and Application of "Good Samaritan" Statutes, 68 A.L.R. 4th 294, 299-300 (1989).
The issue of whether the Good Samaritan law applies to the simple act of providing transportation from the scene of an emergency to a place where medical care can be provided has not been addressed in Minnesota. A few foreign cases have addressed this topic. The Washington Court of Appeals specifically held that Washington State's Good Samaritan law encompasses transportation. Youngblood v. Schreman, 765 P.2d 1312, 1319 (Wash. Ct. App. 1988). But the Washington statute specifically provides liability protection for a person who "renders emergency care at the scene of an emergency or who participates in transporting." Wash. Rev. Code ยงรก4.24.300 (2000) (emphasis added).
The Massachusetts Court of Appeals, analyzing Maine law, recently ruled that transporting another person did fall within the protection of Maine's Good Samaritan statute. Campbell v. Schwartz, 712 N.E.2d 1196 (Mass. App. Ct. 1999). In Campbell, two would-be rescuers on snowmobiles went in search of an extremely intoxicated snowmobile driver stranded in 20-below-zero temperatures. Id. at 1197-98. After finding the stranded snowmobiler, the party headed back to camp. Id. at 1198. The plaintiff rode on the back of one of the would-be rescuer's snowmobile while the other rescuer followed behind. Id. The plaintiff fell into the snow, was run over by the trailing snowmobile, and died as a result of the injuries sustained during the accident. Id. Campbell concluded that because the rescuers went in search of a highly intoxicated, stranded snowmobiler and attempted to bring him to safety, they were protected by Maine's Good Samaritan statute. Campbell, 712 N.E.2d at 1198-1200. But the Campbell court noted that because Maine's law employed the term "rescue" as opposed to "emergency care," it was more expansive in scope than most Good Samaritan statutes. Id. at 1200.
Conversely, in Dahl v. Turner, the New Mexico Court of Appeals held that New Mexico's Good Samaritan law did not cover the mere act of transporting a person from the scene of an accident to another location. Dahl v. Turner, 458 P.2d 816, 823-24 (N.M. Ct. App 1969). There are, however, stark differences between the present case and Dahl. In Dahl, the plaintiff's only injury was a cut on the arm, an injury less severe than the dislocated knee suffered by Swenson. Dahl, 458 P.2d at 823. Furthermore, the defendant in Dahl was not giving the accident victim a ride to a place where he could get medical attention. Id, at 824. In fact, the plaintiff in Dahl specifically did not want to see a doctor and asked to be taken to a nearby motel. Id. Here, Swenson, a minor, had more serious injuries, needed and wanted medical attention, and was ultimately headed for a hospital when this tragedy occurred.
The appellant asks us to conclude that the "during transit" language of the Good Samaritan st
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