Daytripping, yeah…Hikers Saved and Sued by Rescuer

February 6th, 2015. By LucyC

If you go down to the woods today—be sure to tell someone where you’re going, dress appropriately, and carry some water and a well charged cell phone—oh—and don’t forget the methamphetamine, because you may need help finding your way home. Savvy?

Two kids—i.e. 18-year-old Kyndall Jack and 19-year-old Nicholas Cendoya from California went “hiking” (open to interpretation as you’ll see) in Trabuco Canyon in Cleveland National Forest, which, interestingly, is located just an hour outside of San Diego(?). They were carrying drugs and a cell phone—of course—I can see the selfies now. Guess they didn’t get the memo. Not surprisingly, they got lost, managed to make one emergency phone call before the cell died, and subsequently spent 4 nights in the canyon until they were rescued by some very well-intentioned folks. BUT—you knew there was a “but”—one of rescuers fell off a 110 foot cliff while searching for the “hikers.”

Volunteer rescuer Nick Papageorge’s (not sure if the apostrophe and the “s” are accurate as different media outlets are spelling the surname differently…I digress) fractured his spine, which required surgery to implant two titanium rods and 11 metal screws in his back, the Orange County Weekly reported.

Papageorge’s was looking for Kyndall Jack when he fell in April 2013. Apparently, Cendoya was found weak and dehydrated on his fourth night in the canyon, but Papageorge’s fell over the cliff before Jack was discovered the following morning, not surprisingly in a similar condition to her friend.

Papageorge’s medical bills were off the chart, so he sued Cendoya and Jack, claiming that they “headed out unprepared and unqualified to a remote and dangerous mountain area with the intent to take hallucinogenic drugs, knowing the likelihood of becoming disoriented, lost and requiring the subject rescue.” The lawsuit states that the hike wasn’t so much a “hike” as a “trip into the woods to smoke meth.” Ya think?

Papageorge’s sued under something called the Rescue Doctrine, which is a part of tort law that states if a person places herself in a situation where she needs to be rescued, and that situation is potentially dangerous, then that person is liable for any harm that befalls any rescuers. Good to know.

Poor Mr. Papageorge’s certainly suffered harm. The lawsuit stated that the teenagers’ actions were more than just negligent: Jack’s “willful conduct of placing herself in a recklessly dangerous situation caused the subject injury and devastation to plaintiff,” the suit alleged. Papageorge’s sued for in excess of $500,000 in medical bills.

FYI—Police later found methamphetamine in Cendoya’s car, which was still in the park’s parking lot. Cendoya pleaded guilty to possession of 500 milligrams of methamphetamine, according to Los Angeles’ KABC-TV.

According to the LA Times, Papageorge’s settled his suit with Jack for $100,000, which came from Jack’s mother’s homeowner’s insurance (bet she was pleased!). Cendoya had apparently already settled for an undisclosed sum.

Crazy stuff. But a happy PS—according to Papageorge’s attorney, Eric Dubin, Papageorge’s is “fully recovered and feeling great.”

This was posted on Friday, February 6th, 2015 at 12:50 pm and is filed under Crazy Sh*t Lawyers See . Feel free to respond, or trackback. Read our comments policy.