Scott v. Rainbow Ambulance Serv., Inc
In Scott v. Rainbow Ambulance Serv., Inc., 75 Wn.2d 494, 452 P.2d 220 (1969), the plaintiff, Scott, injured her arm when she slipped and fell on a slippery street.
As Scott was being wheeled to the ambulance, she fell from the gurney and landed on the left side of her body. Id. at 495.
Scott then sued the Rainbow Ambulance Service for negligence.
At the beginning of the trial, Scott's attorney told the trial court that he would not attempt to prove that the fall from the gurney caused his client any injuries.
The trial court then promptly granted a defense motion to dismiss. Id.
The Court upheld the dismissal of Scott's action, reasoning that "when the facts of the case are such that plaintiff is clearly one of the two persons responsible for the injury involved, and plaintiff makes no attempt to segregate those damages, we find no over-riding reason in justice for shifting that burden of proof to the defendants." Id. at 498.
In short, because Scott was negligent, no policy supported awarding her a windfall.