Dale Porch finished his last shift at the Regional Transportation District. He arrived at his house and collapsed on his front porch. Later, Porch’s friends and family say that a mail carrier had to step over Porch’s body to deliver the mail, and did nothing to help.
“I don’t know how he sleeps at night,” Porch’s wife Hedy told ABC 7 News.
The mail carrier says he had no idea that Porch was a person in distress. Instead, he claims that he thought Porch’s body was a type of mannequin or Halloween decoration. The U.S. Postal Service (USPS) is defending the mail carrier.
“We know this carrier to be a conscientious and dedicated employee,” the USPS said in a statement. “He is someone who would not fail to help a customer, if he knew they were in need.”
Could the Mail Carrier Have Made a Difference?
Still, Porch’s family wonder what might have been if the mail carrier reacted differently.
“His body was still warm when he was found, so perhaps if this mailman would have done something, he might still be here today,” said Kimberly Cordova, Porch’s sister in law.
In some cases like this, the “duty to rescue” tort comes into effect. If a person fails to rescue a person in peril, that person could be held responsible for a wrongful death. Some states (but not Colorado) have “Good Samaritan laws” that require people to notify authorities if someone is in peril.
If you lost a loved one because of someone else’s oversight, you might have options and rights to seek justice on your deceased loved one’s behalf. Contact us today and ask about our free consultations.
Metier Law Firm, LLC – Denver injury attorneys