Colorado Man Could Sue Divers Who Saved Him From Submerged Car

A Colorado man, despite acknowledging that he's lucky to be alive after being trapped in a submerged car, has filed an intent to sue his rescuers for half a million dollars.

Roy Ortiz filed his intent to sue the county of Boulder and his rescuers for a tentative $500,000 as a "preservative" measure, his attorney, Ed Ferszt, told ABCNews.com.

Ferszt said the county should have closed the road during floods in September. He said the first responders were also included because they did not realize Ortiz was trapped in the car until they prepared to lift it out of the water.

"He was not seen or it was assumed no one could have survived it," Ferszt said. "No one discerned he was there."

The incident began Sept. 12 when Ortiz was driving to work. His vehicle hit part of a washed-out road and then plunged into a creek.

"He tried to feel even above his head and all he felt was water everywhere. It was not much of an air pocket," Ferszt said.

Ortiz was able to find a small air bubble in the back of his car where Ferszt said his client spent two hours waiting to be rescued.

Since the accident, Ortiz has racked up $40,000 in medical bills and still has shoulder issues and trouble sleeping, including a recurring dream of shivering to death, Ferszt said.

Whether a future lawsuit is filed will depend "on Roy's medical treatment and how that pans out," Ferszt said.

David Hughes, Boulder Deputy County attorney, told ABCNews.com the county is following procedure with Ortiz's claim.

"When we receive a notice of claim, we follow the same process," he said. "Right now the claim is under investigation."

http://gma.yahoo.com/colorado-man-could-sue-divers-saved-him-submerged-214038116--abc-news-topstories.html

what a POS...

He has to be a liberal! Takes no responsibility for his own actions, ungrateful towards those who actually saved him, and wants paid with their labors so he can continue his foolish ways

Never let a good deed go unpunished.

If he's an illegal, he'll be set for life.

if he is a working illegal, he probably already is

considering the step up from the average of 4 dollars per DAY, to at least 4 dollars per hour,,,,

Meah. Most of the rest of us are familiar with work.

As in, a fckin job.

are you familiar with ENGLISH,, it was stated a 'working' illegal
as in a 'job'

and any 'job' here is like living on the hog in a country where their minimum wage is four DOLLARS PER DAY

ungrateful son of a *****...

This clown chose to spend a whole hour in a submerged car rather than saving his own a$$, making a call to his wife when he could have exited the vehicle (but that would have meant standing in the rain.....), then wants to sue 6 months after thanking those who hauled his useless, dependent a$$ out!

Definitely a liberal! Wants someone else to pay his $40,000 in hospital bills and nearly $500,000 in total damages for the "accident" and rescue.

Poor baby will probably claim PTSD and get disability at taxpayer expense even if he loses or doesn't file the suit. Probably uninsured/under-insured for this type of "accident" (driver negligence/flood) if at all. Either way, the govt tit just logged another sucker on society!

***
Ortiz, who was driving to work on Sept. 12 on Dillon Road near U.S 287, saw the street was washed out by flood waters. He tried to stop, but became trapped in his car when a bridge collapse caused him to slide off the road into Rock Creek.

In September, Ortiz said he called his wife when he fell off the road, then called 911. Before he could get out of his car, two more vehicles on the road crashed into the same creek, causing his car to flip over in the water.

Records indicate rescuers had Ortiz out of the car in just a little more than an hour after the 911 call was received.

Jim Chalat, a Denver personal injury lawyer not related to the case, said it is not uncommon for people to sue public entities such as ambulance companies or fire departments. To win a case, however, the plaintiff must be able to show that the company showed "gross deviation from reasonable care"�� or that the plaintiff received care or services that caused them a significant or unreasonable injury.

"It would have to be a type of "Oh my God" screw-up," he said.
***

http://www.timescall.com/news/crimemap/ci_25279696/broomfield-man-rescued-from-rock-creek-during-september

I wonder if he is an illegal? They all want a quick and easy pay out. Hell, this idiot probably purposely drove his vehicle into the water to make some quick and easy money.

a bridge collapse? that certainly doesn't seem like something a driver could foresee, I see responsibility if it is an architectural issue,,,

but I still don't see the responsibility of the rescuers, though he is fortunate to survive an hour under water,,,miracle that he didn't drown,,,,

Yeah....a miracle..... if he had only used his brain when he saw the road was out,,,,, or exited the vehicle instead of calling his wife BEFORE his car went into the water

But how could he have known a road that was OBVIOUSLY washed out by flood waters wasn't safe to drive on..... there weren't any signs!

Darn those rescue workers that were too busy helping others to take time to post signs warning idiots driving VISIBLY broken roads not to travel on them!

Im unaware of details that there were signs up,, were there?

accidents happen fast, I have been in two, so if he only saw the road was out right BEFORE the bridge collapsed ,, what could he have done in time before going into the water,,,

and right before two other cars fell in , trapping him?



like I said, if its an issue with the bridge someone is responsible for that

but the rescue workers shouldn't be a part,,,