LINCOLN — An Omaha man injured in a roadside rescue attempt can sue the woman he tried to save, the Nebraska Supreme Court decided Friday.
The court ruled in a case filed by Brent Rasmussen, a former star baseball pitcher at Ralston High School and the University of Nebraska at Omaha, and his wife, Kim.
Rasmussen lost his left foot and suffered multiple broken bones in his right leg in 2002 when he went to help another driver on a snowy day.
According to the court ruling, the driver, Krista Lisbon, lost control of her vehicle on Interstate 80 between Lincoln and Omaha. She slid into the left lane, then veered right and went into the ditch.
Rasmussen, who was behind Lisbon, stopped his vehicle and went to help her.
As he turned back to his own vehicle to get a tow rope, a third car slid off the road and hit him. The driver of that third car had no insurance.
In his lawsuit, Rasmussen claimed that Lisbon should be held liable for his injuries because her negligence had placed him in peril.
Lisbon argued that she had no duty toward Rasmussen and could not be held liable for his injuries.
The Douglas County District Court agreed with Lisbon.
But the high court reversed that decision, saying it was "reasonably foreseeable that one who witnesses a motor vehicle accident will stop and attempt to render assistance."
That means rescued people can be held liable for injuries to their rescuers.
"Lisbon had a duty of reasonable care to avoid a risk of harm to herself that would invite rescue by others," the court said.
The case now returns to the district court for a trial to determine whether Lisbon was negligent in the accident.
Rasmussen's attorney, Tom Grennan, called the ruling well-reasoned and gratifying.
He said the decision should encourage people to step in and rescue others.
"If someone such as Brent Rasmussen places his own life on the line, he should at least be able to recover in the event he was injured," Grennan said. "He really was a good Samaritan."
Lisbon's attorney, Andrea Snowden, did not return a message seeking comment.
Since the injury, Rasmussen has gotten heavily involved in sports for the disabled.
He captained the United States men's volleyball team at the 2004 Athens Paralympic Games. He has played on a title-winning wheelchair softball team in Omaha. He's also organized various tournaments in the Omaha area for disabled athletes.
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