In this season of goodwill toward all comes a timely ruling addressing the scope of California’s Good Samaritan law, Health and Safety Code section 1799.102. In Valdez v. Costco Wholesale Corp., the California Court of Appeal concluded the Good Samaritan law protects an employee from liability for his good faith actions in intervening to stop a fistfight between two customers at his worksite.

Background

On Jan. 19, 2018, Mark Valdez was in his car at a Costco gas station. Joseph Lizarraga, a neighbor with whom Valdez had an ongoing feud, approached Valdez’s car, opened Valdez’s car door, and began punching Valdez. Valdez fought back. Costco gas station attendant Daniel Terrones yelled at the men to stop fighting, but they ignored him.

Fearing the men would hurt each other, Terrones intervened to stop the fight. Terrones pulled on Valdez until Valdez released Lizarraga from a headlock. That ended the fight. Lizarraga drove away and Valdez drove off after him. Valdez later sued Terrones and Costco, claiming that when Terrones pried Valdez away from Lizarraga, Terrones aggravated Valdez’s preexisting shoulder injury.

The trial court summarily dismissed Valdez’s action, ruling that California’s Good Samaritan law made Terrones immune from liability for his actions. Costco could not be vicariously liable for Terrones’s immunized actions. The trial court ruled Costco could not be directly liable for Valdez’s alleged injuries because the company did not breach its duty of care...

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