Citation. 136 Wn.2d 350, 961 P.2d 952, 1998 Wash.
Brief Fact Summary. The Plaintiff, McCoy (Plaintiff), was injured when he was attempting to help at an accident sight and was hit by a car.
Synopsis of Rule of Law. The rescue doctrine may apply in products liability cases.
Facts. The Plaintiff was struck by a car while offering assistance at the scene of a car accident. The Plaintiff was following behind the driver of a Suzuki motor vehicle when it crashed. A state trooper arrived at the scene soon after and asked the Plaintiff to put flares on the road, which the Plaintiff did. After the accident scene and the injured parties were removed, the Plaintiff headed back to his car along the shoulder of the road carrying a lit flare in his roadside hand. He was then struck from behind by a passing car. The state trooper had pulled away and left the scene when the hit and run occurred. The Plaintiff sued various Defendants including the driver and the passenger of the Suzuki, the State for the negligence of the trooper and American Suzuki Motor Company along with its parent Suzuki Motor Company (Defendants).
Issue. Whether the rescue doctrine protects the Defendant from claims brought under a theory of products liability.