Tucker

In general, the rescue doctrine permits a rescuer to recover for injuries sustained while attempting to rescue a party placed in danger by the defendant’s conduct. In this case we conclude that the rescuer cannot maintain negligence claims against defendant because he failed to establish that a duty of care was owed to the rescued party.

Aaron M. Tucker and his wife, Jeri Lyn Hawk-Tucker (together the Tuckers), appeal from a judgment dismissing CBS Radio Stations, Inc., individually and doing business as KFRG (KFRG), Ron Martin (together with KFRG, CBS), and Jeanne Boardman (Boardman), doing business as Boardmanville Trading Post, from this action after the trial court sustained demurrers to their second amended complaint (SAC) without leave to amend. In the SAC, Aaron alleged causes of action for negligence against CBS and Boardman, and a cause of action for vicarious liability against Boardman, all *1249 stemming from an off-road-vehicle event in the Imperial Sand Dunes. Jeri asserted a cause of action for loss of consortium against CBS and Boardman.

The Tuckers contend the trial court erred in sustaining the demurrers based on the finding that CBS and Boardman did…