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laventana
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Registered: 8-24-2006
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I have a different take on an important question. Driving down the baja many times have seen cars that have been in accidents and no one helping.
Just people standing 30 feet away and the people still in the car.
A few years ago I ran into a retired emergency responder from the US. He was discussing that horrible bus accident in San Jose or north of there.
He was telling me he came up on it and by far it was the worst accident he had ever seen in his life. Anyway he mentioned that here in Mexico you
can be held legally liable for the death of a person if you render first aid at an accident if the person dies. That the family can then sue you.
Thus he told me that is why people do not provide assistance at accidents in many cases.
Though this does not seem to be the case for this threads arrest i was just wondering. Does anyone know for sure if this is true?
[Edited on 11-15-2013 by laventana]
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DENNIS
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Quote: | Originally posted by laventana
I have a different take on an important question. Driving down the baja many times have seen cars that have been in accidents and no one helping.
Just people standing 30 feet away and the people still in the car.
A few years ago I ran into a retired emergency responder from the US. He was discussing that horrible bus accident in San Jose or north of there.
He was telling me he came up on it and by far it was the worst accident he had ever seen in his life. Anyway he mentioned that here in Mexico you
can be held legally liable for the death of a person if you render first aid at an accident if the person dies. That the family can then sue you.
Thus he told me that is why people do not provide assistance at accidents in many cases.
Though this does not seem to be the case for this threads arrest i was just wondering. Does anyone know for sure if this is true?
[Edited on 11-15-2013 by laventana] |
I've heard this as well. I've also heard you would be in violation if you didn't offer assistance.
I think a person should do what's right at the time.
"YOU CAN'T LITTER ALUMINUM"
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sancho
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Quote: | Anyway he mentioned that here in Mexico you can be held legally liable for the death of a person if you render first aid at an accident if the
person dies
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I have heard of that, remember reading it states something
like Practicing Medicine Without a License. Calif, I believe
recently passed a Good Samaritain Law which deals
with the same subject. As in many
things in Mex, there is rarely a difinitive answer
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DENNIS
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Quote: | Originally posted by sancho
Calif, I believe
recently passed a Good Samaritain Law |
Maybe that's what I heard about.
Anyway....when someone needs help....they need help....not a lecture on some crazy law.
"YOU CAN'T LITTER ALUMINUM"
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EnsenadaDr
Banned
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Here's an article dated 2008.
We are all familiar with the “Good Samaritan Law”. This law protects you from becoming liable for helping in an emergency situation. The Good
Samaritan law allows you to give aid within your scope of expertise at a car accident or other disaster without being sued for any reason in the
performance of your aid. Mexico has no such law. You as a visitor or citizen can not give any aid at anytime or anyplace with out breaking the law.
The only organization able to perform emergency services outside of a hospital or medial clinic in Mexico is the Cruz Roja. Do not stop and help! Call
for help 065 or at lakeside 765-2308. You will be at risk of arrest, deportation or being financially responsible. To understand how this came about,
we must look at its history.
As early as 1898, the Spanish Red Cross approached the Mexican Government to inquire about the emergency services available in the Republic. At that
time, such services were provided by the Mexican Army. The Mexican President, Porfirio Diaz, had been a general, had strong ties to the Military, and
showed no interest in establishing a Mexican Red Cross. By 1907, however, the Mexican Army had fallen on hard times. Diaz, still President, had cut
back on its funds, producing inefficiency and dissatisfaction among career officers.
On August 2nd of that year Mexico recognized the Geneva Convention and on February 21, 1910, a presidential decree recognized the Red Cross, but made
it an auxiliary of the Army. In 1919, it was recognized by the International Red Cross and received a charter in 1923. Since then, the organization
has been prohibited from accepting any financial aid from any government agency. It is financed by private donations only. It also severed its ties
with the Army. Now, the Army gave up its role as the provider of day to day emergency care, shifting the burden to the Cruz Roja Mexicana. Thus, it
became the sole designated caregiver in situations normally handled and paid for by governments in most parts of the world.
Today, both the Mexican Red Cross and the Mexican National Health Service, IMSS, maintain hospitals in all major cities. Larger cities also run
Municipal Hospitals. However, the IMSS hospitals serve only those who work for companies that provide them with coverage. Those who are not covered by
their employers still must turn to either a Red Cross or Municipal Hospital for free care. By and large, emergency health care in big cities is good.
That is not the case in small towns and villages.
Those who live outside large municipalities and are unable to pay for private care, are totally dependant on the Red Cross to provide emergency care
and transport them to the nearest hospital that offers free service. The needs of the less affluent members of the community, who have non-emergency
medical problems, are handled in a free clinic that operates 6 days a week. It provides a consultation with a doctor and in most cases, free
medications are dispensed (Central Salud). The Delegation requests a donation after the services are rendered, but what is received seldom cover
costs. Fortunately, the Delegation has two auxiliary groups. The Cruz Roja International Volunteers, largely non-Mexican and the Damas of the Cruz
Roja, mostly Mexican ladies, run fund raising events that keep a monthly deficit under control, but just barely.
Again, it is sad but do not offer aid in an emergency unless you are willing to suffer the possible consequences. What you CAN do is to contribute to
the Cruz Roja on a regular basis. We have a great need for monthly and annual contributions as well as the support of the fund raising projects run
throughout the year.
Cruz Roja depends on YOU! Anyone wanting to contribute to any of these needs please contact Norm Pifer at 766-0616 or Charlie Klestadt at 766-3671.
You can, as always, find all our current information on our website at WWW.cruzrojalakeside.com
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EnsenadaDr
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Wow you mean to tell me Gretchen Smith was breaking the law then? I knew something was wrong.
[Edited on 11-16-2013 by EnsenadaDr]
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JoeJustJoe
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I wonder what happened to the NY Times article Gretchen supposedly told somebody else on another site, and Dennis re-posted here on BN. They said the
NY Times and other media outlets were going to write about Gretchen's experiences in a Rosarito jail?
BTW at the time this was first re-posted by Dennis from another site. I checked with some of my San Diego/Baja contacts in the media, and asked them
if they heard anything, from this woman, or if they heard of anything about his story? I was told they haven't heard anything about this story, but
would let me know as soon as they heard anything about it.
I'm not going to say what I really think was going on here with this story, except to say, I doubt there is going to be any newspaper story about this
incident in Rosarito.
_______________________________________
Excerpt from a Dennis post, posting something from another site about Gretchen:
Gretchen wants her pound of flesh from the man who arrrested her and kept her behind bars. She claims it was the Chief of Police who arrested
her, denied her the right to a phone call and kept her in the holding cell incommunicado for 72 hours. He is not the officer who sexually battered
her. She has had everything translated and documented the past few weeks and wants her chance to confront him before a judge. Several north of the
border news outlets (including the NY Times) are working on this story and have versions ready.
[Edited on 11-17-2013 by JoeJustJoe]
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DENNIS
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Quote: | Originally posted by JoeJustJoe
Excerpt from a Dennis post, posting something from another site about Gretchen:
Gretchen wants her pound of flesh from the man who arrrested her and kept her behind bars. She claims it was the Chief of Police who arrested
her, denied her the right to a phone call and kept her in the holding cell incommunicado for 72 hours. He is not the officer who sexually battered
her. She has had everything translated and documented the past few weeks and wants her chance to confront him before a judge. Several north of the
border news outlets (including the NY Times) are working on this story and have versions ready. |
And you, Joe, should get your facts straight. These are not my words, nor my post. They may be included in some thread I was involved with, but I
didn't say this...anywhere and don't know where you got it.
"YOU CAN'T LITTER ALUMINUM"
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EnsenadaDr
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It was a quote from Woooosh over on another site which shall remain nameless for obvious reasons under the thread entitled "Rosarito lifeguard shot to
death while on beach patrol." dated 10-29-2013.
Gretchen Smith paid a visit to Ft Woooosh yesterday for coffee talk. Since the murder of Lifeguard Mar Tajeda in her arms and the denial of her human
rights in the Rosarito jail- she has been busy putting her case together. Gretchen is a missionary who creates social change through art: crime
prevention through graffiti removal and community-themed murals. She has posted over 200 positive YouTube videos about Rosarito Beach and has many
local commuinity art projects under her belt. She has travelled all over the world doing this and Rosarito Beach is the first place that hasn't
cooperated with her art projects and she can't understand why. Even Somali rebels gave her more materials and support than Rosarito Beach has.
Gretchen wants her pound of flesh from the man who arrrested her and kept her behind bars. She claims it was the Chief of Police who arrested her,
denied her the right to a phone call and kept her in the holding cell incommunicado for 72 hours. She has had everything translated and documented the
past few weeks and wants her chance to confront him before a judge. Several north of the border news outlets (including the NY Times) are working on
this story and have versions ready. The City (Mayor's Office) has asked her to wait and she is holding back the story for fear of embarrasing Rosarito
Beach in the media. Several authorities have suggested she return to the USA for safety- but she wants to stay and fight this injustice in court. She
is holding out hope Rosarito will meet her humble demands for justice so she doesn't have to go public. Today she has a meeting at the US Consulate in
Tijuana. I don't know how this will turn out- but she is very strong willed and determined to get her justice.
[Edited on 11-17-2013 by EnsenadaDr]
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JoeJustJoe
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Quote: | Originally posted by DENNIS
Quote: | Originally posted by JoeJustJoe
Excerpt from a Dennis post, posting something from another site about Gretchen:
Gretchen wants her pound of flesh from the man who arrrested her and kept her behind bars. She claims it was the Chief of Police who arrested
her, denied her the right to a phone call and kept her in the holding cell incommunicado for 72 hours. He is not the officer who sexually battered
her. She has had everything translated and documented the past few weeks and wants her chance to confront him before a judge. Several north of the
border news outlets (including the NY Times) are working on this story and have versions ready. |
And you, Joe, should get your facts straight. These are not my words, nor my post. They may be included in some thread I was involved with, but I
didn't say this...anywhere and don't know where you got it. |
Sorry Dennis, I know you didn't originally write this, but were only re-posting it, and I went back and corrected what I wrote above.
However, I'm not letting you entirely off the hook, because you did re-posted this casual interview with Gretchen, and it implies you think it was
news worthy and that you even believe the NY Times was going to get right on this story.
Clearly in my opinion this woman has deep credibility issues, and you Dennis seem to be sitting on the fence on this one.
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EnsenadaDr
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From what I understand Joe, Dennis has reneged on finding her credible. I tend to agree with him, especially since I found out since that a citizen
assist in a serious medical emergency is against Mexican law and she has a much weaker basis to file a claim against anyone when she was breaking the
law to begin with.
[Edited on 11-17-2013 by EnsenadaDr]
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JoeJustJoe
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Quote: | Originally posted by EnsenadaDr
From what I understand Joe, Dennis has reneged on finding her credible. I tend to agree with him, especially since I found out since that a citizen
assist in a serious medical emergency is against Mexican law and she has a much weaker basis to file a claim against anyone when she was breaking the
law to begin with.
[Edited on 11-17-2013 by EnsenadaDr] |
I rather hear from Dennis , EnsenadaDr, because he re-posted this interview from another site even after he expressed some doubt about this woman in
question actually talking to the missing Gary.
If Dennis finds this woman's credibility in question, why re-post that stuff from another site? I don't think there is any NY Times article on this
woman's version of the events in the Rosario jail.
[Edited on 11-17-2013 by JoeJustJoe]
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DENNIS
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Quote: | Originally posted by JoeJustJoe
Sorry Dennis, I know you didn't originally write this, but were only re-posting it, and I went back and corrected what I wrote above.
However, I'm not letting you entirely off the hook, because you did re-posted this casual interview with Gretchen, and it implies you think it was
news worthy and that you even believe the NY Times was going to get right on this story.
Clearly in my opinion this woman has deep credibility issues, and you Dennis seem to be sitting on the fence on this one. |
No longer on the fence. I made my regrets known , in this thread, I believe, for my support of this woman's report. She proved herself unreliable by
not returning calls to this thread that would vindicate her of emanating her opportunistic fantasies.
In other words...I think she's a lying psycho POS and I fell for it.
Gawwwwdammmm....will I ever learn?
Apology graciously accepted, by the way. Thanks.
"YOU CAN'T LITTER ALUMINUM"
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EnsenadaDr
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Seems like Gretchen would like to meet someone for coffee and chat. Here is her post from today off of Baja Singles on Facebook:
Alright...I am finally starting to feel better an would like to get out and do something fun later this week with a few of you. Anybody up for coffee
or dinner or something else? I could use a little holiday cheer.
https://www.facebook.com/groups/397189123632698/
[Edited on 11-30-2013 by EnsenadaDr]
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shari
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Hey Dennis...maybe Gretch will buy you dinner followed by some drumming perhaps?
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EnsenadaDr
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Yes Dennis, I am not anywhere near Ensenada right now otherwise I would find out once and for all if she is the real McCoy....it's all up to you
now!! Quote: | Originally posted by shari
Hey Dennis...maybe Gretch will buy you dinner followed by some drumming perhaps?
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monoloco
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Quote: | Originally posted by DENNIS
Quote: | Originally posted by JoeJustJoe
Sorry Dennis, I know you didn't originally write this, but were only re-posting it, and I went back and corrected what I wrote above.
However, I'm not letting you entirely off the hook, because you did re-posted this casual interview with Gretchen, and it implies you think it was
news worthy and that you even believe the NY Times was going to get right on this story.
Clearly in my opinion this woman has deep credibility issues, and you Dennis seem to be sitting on the fence on this one. |
No longer on the fence. I made my regrets known , in this thread, I believe, for my support of this woman's report. She proved herself unreliable by
not returning calls to this thread that would vindicate her of emanating her opportunistic fantasies.
In other words...I think she's a lying psycho POS and I fell for it.
Gawwwwdammmm....will I ever learn?
Apology graciously accepted, by the way. Thanks. | I think you're being a little harsh on Gretchen, just
because she doesn't feel any obligation to explain herself to a bunch of busy bodies on a forum that she doesn't participate in, doesn't necessarily
make her unbelievable.
"The future ain't what it used to be"
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EnsenadaDr
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She's the one that came on here saying she met a guy that matched Gary's description in Rosarito and then when asked to explain further with more
details she disappeared so now maybe we can find out more.
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DocRey
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Wasn't Sherlock Holmes sidekick a doctor?
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BajaLuna
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I agree monoloco!
DR, I thought I read on this thread that the family has been in touch with her and also that a Nomad has been in touch with her too since she first
posted on here? She did explain further to the people who she needed to. She shared what she knew with the people that needed to get that info. Just
because she is not on here participating doesn't mean she isn't available to the people she needs to be. Sheesh!
Would you come back on here with the treatment she received on BN?
All that is important is that she has talked with people that needed the info she had and she relayed what she needed to. I commend her for not
getting involved on BN in regards to this matter and instead she talked directly to who she needed to.
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