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Heroes Sue Heroine

Two men, that offered up more than a little help to a woman in a car fire, are now suing her for physical and emotional pain, as reported by the Associated Press for The Seattle Times.

The lawsuit was filed on March 10 in Marion County, Ohio, by D.K. and M.K., listing damages for each at over $25,000.  They claim that the victim, T.T., is at fault for causing debilitating injuries following an incident where they had saved her life.

The Columbus Dispatch reported that D.K. suffered from smoke inhalation - damaging his lungs enough that the simple task of carrying a laundry basket up the stairs in his home is now impossible.

T.T. - listed as critically injured in the crash - survived the incident.  There is no attorney for her listed in the lawsuit and her family has refused to comment to the press in the matter.

On March 11, 2009, D.K. and M.K. saw debris and smoke southeast of Marion as they drove on U.S. Route 23.

D.K. said that they pulled over to the embankment and saw a Hummer vehicle in flames, with people flailing at the doors trying to get out.  D.K. continued to state that he witnessed the woman, later identified as T.T., "yelling for help and could not move."   He later stated that before he was able to pull her out of the vehicle's rear door, he "saw the fire melting her hair."

D.K. said, "I could not breathe from smoke, and (M.K.) carried her up the embankment away from the fire to safety."

D.K. told news media that he is still haunted by the sounds of her screams and the sight of her head - with the flames melting her hair.  He said, "There isn't hardly a night that goes by that I don't wake up in a sweat - that image in my mind."

D.K., a 29 year-old truck driver in Marion, said that the flames were also strong enough to melt his cellular phone - through his pocket.

M.K. and D.K. are both being represented by attorney Robert Wilson.

The report made by the Highway Patrol stated that T.T., 28, was suicidal - due to an argument she had earlier that day - and had crashed her car into a bridge guardrail.  Also in the report: T.T. allegedly has no recollection of her rescue.

T.T. is accused in the lawsuit of "intentionally and/or recklessly and/or negligently" driving her vehicle, causing it to crash and catch on fire.   During the rescue, M.K. and D.K. maintained "severe bodily injuries" and "all or some of these injuries are permanent in nature resulting in permanent disability."

D.K. and M.K. were the subjects of a Highway Patrol ceremony, on April 16, 2009, applauding their efforts as heroes in the crash.  The Highway Patrol commander told news media that they had known nothing of the impending lawsuit.

Lt. Chuck Jones said, "That's the first time in my experience that I've heard of people going back and suing the person they rescued.  I'm almost 100 percent certain that she would have perished in the fire if they had not pulled her from the vehicle."

Each instance of personal injury can be very different from the next.  If you have been injured by the actions of another party, contact a personal injury lawyer today.

Categories: Negligence

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