Answer:
What is the relationship between statutory immunity and common law duty here?
The relationship between statutory immunity and common law duty here, is emergency care, while statutory immunity states that the emergency care is completely linked with trained medical personnel providing the help with proper equipment and trained enough to manage emergency situations discarding help from others, common law specifies a citizen´s duty to give emergency medical care if there is no trained personnel available.
2. Would it have been better for Ms. Torti to argue that she was providing medical treatment and have the court deal with the issue of what constitutes medical care rather than the issue of immunity?
No, it wouldn´t because a common law duty existed.
3. What are the implications of this decision for people who are trying to offer assistance at the scene of an accident?
The implications of this decision for people who are trying to offer assistance at the scene of an accident are several and complex, as we are dealing decision-making dilemma which would be the difference between life and death, although the circumstances around the conditions after surviving the accident are impossible to be evaluated at that emergency moment.
Explanation:
This case would rather need to provide a proof of breach of duty and damage so that the plaintiff would be able to get a private solution for the defendant's statutory breach, but if this is excluded then a common law duty would not be presented.
