Valdez v. Costco Wholesale Corp.
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Plaintiff and another man engaged in a fistfight at a gas station owned by defendant Costco Wholesale Corporation (Costco). Defendant a Costco gas station attendant, stopped the fight by physically separating the two men. Plaintiff later sued for negligence and related causes of action, alleging he was injured when Defendant pulled him away from the other man. Costco and the gas station attendant each moved for summary judgment. The trial court granted Defendants’ motions. Plaintiff appealed. His primary contention is the court erroneously concluded the Good Samaritan law of Health and Safety Code section 1799.102 shielded Defendant from liability.
The Second Appellate District affirmed the trial court’s judgment. The court explained that The undisputed facts established the fistfight at the gas station constituted an emergency as defined by section 1797.70. But for Defendant’s intervention, the fight would have continued. Therefore, by intervening to end the fight, Defendant was rendering emergency nonmedical assistance while at the scene of an emergency under section 1799.102, subdivision (b). Thus, the court held that the trial court did not err in concluding there was no triable issue of fact that Defendant was shielded from liability as a Good Samaritan.
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