You may remember this dramatic rescue from last September during massive flooding in Colorado. The video showed Roy Ortiz being pulled from his overturned car by rescuers after he drove onto a washed-out road in Lafayette, Colorado. 


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Well, now Ortiz has filed a notice of intent to possibly bring a lawsuit against the very people who saved his life. He claims he was left stranded in his vehicle for two hours before help arrived, and argues that authorities ignored pleas from his wife and brother. 

The papers also argue that the deluged road should have been closed, or marked more clearly during the storm. Ortiz claims he suffered $500,000 in damages, and says he has trouble paying medical bills.

Martha MacCallum discussed the unusual possible case with former prosecutor Anna Yum and defense attorney Bradford Cohen. Yum pointed out that at this point, Ortiz has only "preserved his right to sue," arguing that just because a person can file a lawsuit doesn't mean they should.

Overall, she believes it would be a "tough sell" to prove to a jury that the rescuers were negligent. She said in most cases, government entities are immune from legal claims like this, so his attorneys would have to pinpoint an exception.

Cohen said if a lawsuit materializes here it would be "idiotic."

Watch the discussion above.


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