This section contains the nature of the case and procedural background.

D was driving a Toyota 4Runner and pulling a trailer in a westbound lane of Interstate 70. Davis lost control, and the 4Runner and trailer went into the median between the east and westbound lanes and came to a stop. The 4Runner is resting on its passenger side, and the trailer is resting on its top. P, driving a Ford Escort, was behind D's vehicle, saw D lose control, and pulled her car to the left shoulder of the Interstate to see if D was okay. The left tires of her car were on the grass of the median; the right side of her car was off the shoulder line. Other vehicles pulled over behind P's. P, and her two passengers, Roma Vora and Anthony Wright, got out of her car. Wright went to assist D. P and Vora stood in the grass to the left of D's car. Vora called '911.' P stayed by her car; she did not go to D's vehicle. Other vehicles pulled over on the right side of the Interstate, including a tractor-trailer and, approximately fifty yards in front of it, a Ford Taurus driven by Daniel Rozum (Daniel). Other vehicles pulled over on the right side of the Interstate, including a tractor-trailer and, approximately fifty yards in front of it, a Ford Taurus driven by Daniel Rozum (Daniel). Daniel saw two people on the median heading to a vehicle parked on its side. Tara Rozum (Tara) was in Daniel's car. Daniel parked his car as far off the shoulder as he could as not to be in the adjacent ravine. As P stood by her car and Vora was calling '911,' P heard the driver of the tractor-trailer yell at her to move her car to the right shoulder. P got back into her car, put on her seatbelt, checked for oncoming traffic, and started to drive across the two westbound lanes. On the right side of the Interstate, Tara got out of the car and, 'keeping as far away from the highway as [she] could stay,' walked back east on the gravel side of the shoulder to speak with the man standing by the tractor-trailer about whether '911' had been called. She left her cell phone in her car but intended to return to call if it had not been done already. As Tara was walking toward the tractor-trailer, she heard a crash. A Ford Escort, headed toward her being driven by P from the left side of the Interstate westbound lanes to the right. When part of the Ford Escort was in the right lane of the westbound traffic, it was struck by a truck pulling a horse trailer driven by Matthew Bonn. P's car struck Tara after it was hit by Bonn's truck. Rozum only stopped to see if '911' had been called. Rozum filed suit against P. P was the only named defendant. P filed a third-party petition against D, Bonn, and Bonn's business, Airpark Equestrian Stables, LLC. D moved for summary judgment, arguing that he was not liable for the Rozums' injuries. The motion was granted as to Bonn's cross-claim and denied as to P's claims for damages and contribution. P then dismissed her claims against D without prejudice. P settled the Rozums' resulting claims for $450,000. P then filed an action against D for contribution. D claims he was not liable to the Rozum under the rescue doctrine.

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