The South Dakota Supreme Court is hearing arguments in a lawsuit involving a Chester volunteer firefighter who was driving more than 80 miles per hour when he got into a crash in his personal pick-up truck responding to a fire call, reports keloland.com.
“I want them to get to the fire but I don’t want them to kill anybody,” Peter Bendorf said.
Bendorf is the attorney for Areyman Gabrieal, a Sioux Falls man who was hit by Chester volunteer firefighter Tim Bauman.
Bauman hit Gabriel at an intersection north of Chester in 2007 while speeding to a mobile home fire.
Gabriel had made a left hand turn in front of Bauman as he came over a hill and approached the intersection. Bauman’s attorney says he’s protected by South Dakota’s Good Samaritan laws. A lower court agreed and threw out the lawsuit.
“The legislature enacted the Good Samaritan statute for an important reason. It intended to protect those citizens who were seeking to render emergency aid,” Prostrollo said.
Gabriel’s attorney is appealing the decision to throw out the lawsuit arguing that Bauman was driving his personal vehicle recklessly at more than twice the posted speed limit on the way to the call. He says Bauman should be held responsible for the damage caused by the crash.
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