Maldonado v. Southern Pacific Transportation Company

629 P.2d 1001 (1981)

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Nature of the Case

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Facts

P, a Mexican citizen, tried to board a D freight train as it was passing through Picacho, Arizona. Four employees of D caused a 'jerking or bumping' of the train cars when P attempted to board it, causing him to fall under the wheels of the train. P's left arm was severed, his left leg was broken, and he suffered other serious wounds which were open and bleeding. P alleged intentional infliction of injury and wanton and reckless infliction of injury. Claims three, four and five are, respectively: Interference with a savior, failure to render aid and failure to call for medical assistance or report the injury. The trial court granted D's motion to dismiss Counts III, IV and V and P appealed.