The fatal case of the unprepared posse

Police detective mysteries have been the staple of primetime television for decades, maybe because each of us wishes a little that we could be the civilian helping solve a crime or save someone from danger. But of all the who-done-it answers, nobody ever tells you who pays the medical bills and lost wages from any injury caused by the caper. Until now. And just like most detective stories, our injured heroes win—but they don't win much.

Is there any remedy? An exclusive remedy?

Norma and James Gund are a married couple who were seriously injured when they responded to a police request to check on a neighbor, thinking it was a weather issue when it turned out to be a murder in progress. Trinity County claimed that any remedy would be exclusively in workers' compensation but that it had no workers' comp responsibility for the Gunds' injuries because they weren't employees engaged in law enforcement activity.

On the other hand, the Gunds alleged that in addition to workers' comp benefits, they were entitled to the full range of tort (personal injury) damages because of misrepresentations made to them that led to their injuries. So, was workers' comp available to the volunteers, and if so, was it the exclusive remedy?

The fearful futile final fatal call

On the afternoon of March 13, 2011, the California Highway Patrol (CHP) received a phone call from Kristine, who whispered, "Help me," and said she lived at the end of the Kettenpom airstrip. Kettenpom is in the southwest corner of Trinity County, a mountainous expanse of 3,200 square miles and fewer than 15,000 people.