Nick Papageorge's, Volunteer Whose Spine Broke Searching for Kyndall Jack, Sues Hiker

Categories: Court

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The call went out for volunteers to help search for Kyndall Jack and Nicholas Cendoya.

A young woman who got lost Easter Sunday 2013 while hiking in Trabuco Canyon with a friend who later admitted to drug possession is being sued by a volunteer who fell and suffered spinal injuries, but the lawsuit does not name the young man with the drugs as a co-defendant.

Kyndall Jack and Nicholas Cendoya Will Not Be Billed for Trabuco Canyon Search and Rescue

On Easter Sunday of 2013, Costa Mesa's Nic Cendoya and Kyndall Jack, 19 and 18 at the time respectively, set out on a relatively easy hike through Cleveland National Forest. They made an emergency call via a cell phone that night informing they were lost but the phone's battery died.

Cendoya was found weak and dehydrated on his fourth night in the canyon, and Jack was in a similar condition when she was airlifted out late the next morning, April 4. Sheriff's deputies later disclosed they'd found methamphetamine in Cendoya's empty car in a parking lot shortly after responding to the rescue.

Jack "headed out unprepared and unqualified to a remote and dangerous mountain area with the intent to take hallucinogenic drugs, knowing the likelihood of becoming disoriented, lost and requiring the subject rescue," alleges the negligence lawsuit filed against her in Orange County Superior Court on June 16. Her "willful conduct of placing herself in a recklessly dangerous situation caused the subject injury and devastation to plaintiff" Nick Papageorge's (yes, haters from previous stories, that is how he spells it).

Papageorge's suffered a broken spine after falling down a 110-foot cliff. He ultimately had to have titanium screws put in his back. No amount of damages is specified in his suit, although his attorney Eric Dubin claims his client's medical expenses exceeded $500,000. Dubin told City News Service he is hopeful Jack has insurance that can cover a damage award.


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52 comments
taidodinh
taidodinh

another dumb volunteer wat can she sue for

allisonmsanchez
allisonmsanchez

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Rousun De La Rosa
Rousun De La Rosa

People make mistakes, obviously their decision was wrong, and I'm sure the past year hasn't been easy, it is what it is, their safe, alive and made changes...time for everyone else to move on as they have themselves! To the gentlemen that volunteered, God bless your heart for taking time out of your personal life and clearly risking your life in search of the safety of others. No amount of gratitude can ever be repaid for his pain and permanent suffering :/

Jamie Sacco
Jamie Sacco

How about you guys stop talking shit on my friends.. Kyndall Kihapai Jack Nicolas Cendoya

Darian Miller
Darian Miller

They are both friends of mine. I know them more then any of u calling them " meth heads " FYI they aren't

949girl
949girl topcommenter

Cendoya and Jack are probably two of the biggest dumbasses you can find.  After looking at his facebook page, thanks @centrifuge909 for the link and remembering back that Jack had a fundraising page. I really feel bad for Papageorge.  He volunteers his time to look for two missing people and really hurts himself and incurs a lot of medical expenses.  Maybe there should be some sort of clause, somewhere, where volunteers sign a release or are mandated to have medical insurance prior to volunteering.  His heart was in the right place but I just don't think Jack is responsible for his medical expenses.  I wonder if Papageorge had insurance?  If there is any reason to have a very low monthly payment but high deductible plan it's for this very reason, a catastrophic event!  

Brent Rellstab
Brent Rellstab

That which is falling should be pushed. They should have been left out there.

Cody Bib
Cody Bib

Lol stay up for a week and Tell me u don't see shit John Hald

Paul Lucas
Paul Lucas

Why is it that volunteers for this duty aren't covered by an insurance policy by the county?

bruz1111
bruz1111

Papageorge = total pussy ( in my opinion) he should man up and move on.

fishwithoutbicycle
fishwithoutbicycle topcommenter

Ok, I have to ask the obvious question: Why doesn't Papageorge sue the county? And the fact that he's only suing Jack makes me suspicious of his real motives...

SummumBonum
SummumBonum

I really feel for Papageorge; his heart was in the right place going out there to volunteer, but his mind may have not been fully engaged putting himself in a precarious situation where he could fall down 100+ feet.

I think it's a shame that he has to bear the full cost of the consequences of his well-intentioned acts.  It would be nice if there were some county funds that could be used or some charities that would help cover some of the expenses.  Maybe even the hospitals could provide a Good Samaritan discount.

If indeed Papageorge feels he's the victim of a crime, has he sought assistance from the Victim-Witness Program (http://www.orangecountyda.com/home/index.asp?page=39)?

Andrew Garcia
Andrew Garcia

If you do enough twak, yes you do hallucinate.

John Hald
John Hald

Lol meth isn't a hallucinogen that'll be thrown out

whateveryousay
whateveryousay topcommenter

They wouldn't want me on that civil jury.


Gary Showalter
Gary Showalter

Make the meth heads pay. What happened to smoking meth in your garage like a normal junkie?

Chris Smirnoff
Chris Smirnoff

He's a hater who wishes he got to party with her too instead of having to rescue her.

949girl
949girl topcommenter

He did choose to volunteer.  Sad that he got hurt but I don't think she's at fault or should be responsible for his medical expenses. 

Claire Morgan
Claire Morgan

this is so bogus. no one forced that guy to volunteer to traverse territory that he was obviously not prepared for. You accept the risks to yourself when you offer to help with a wilderness search.

Mr_KEYboardwarrior
Mr_KEYboardwarrior

That meat head douches doing roid and is god's followers , yup grade A douche on meth still ,

mannybanny
mannybanny

Papageorge volunteered to go into the wilderness and he CHOSE to climb a cliff that he clearly wasn't qualified or prepared to climb. HE is the master of his own domain

SoLastYear
SoLastYear

He VOLUNTEERED! Nobody told him he HAD to go searching for them.

centrifuge909
centrifuge909

SO the lawsuit alleges that Cendoya willfully went out and put herself in danger by going into a wilderness area....but does not pass that same responsibility to Broke Back Man?!

Maybe Cendoya should sue the United States for having a National Forest which afforded her that risk. We should just all sue each other. I think I will sue OC Weekly for having this comments section that I am wasting time on while I should be working.

centrifuge909
centrifuge909

These 2 could have gotten lost on a football field. But the volunteer VOLUNTEERED to go hike and search so deal with it.

paullucas714
paullucas714 topcommenter

So if Im reading into this corre3ctly, it appears that the county has volunteers out there doing this type of rescue work without any kind of insurance coverage to cover them.

Highway39
Highway39

Clearly. Real tweakers wouldn't have FSU as badly as those two idiots did.

949girl
949girl topcommenter

@centrifuge909 Douche galore!  Thanks for the link!  I love his bro stare down pictures!

949girl
949girl topcommenter

@bruz1111 Pussy?  Really?  I think his lawsuit is misdirected but I wouldn't call anyone a pussy who is trying to recoup a half a million in medical expenses he incurred while trying to help out his fellow mankind.  That's harsh.

MatthewTCoker
MatthewTCoker topcommenter

@centrifuge909 I am not supposed to respond to people who threaten to sue OC Weekly, but just to clarify: Cendoya's a dude; Jack is the woman being sued.

SummumBonum
SummumBonum

@paullucas714 Papageorge was one of hundreds of civilian volunteers, who were not affiliated with any of the "official" Search & Rescue parties.

bruz1111
bruz1111

@949girl @bruz1111 Yes, as he was NOT asked to do this, and he was NOT trained to do it, hence he should fully pay the price not anyone else. Had he been an official S&R and got hurt, then yes insurance would cover it! To sue is a being a pussy and NOT a man ( my opinion).

paullucas714
paullucas714 topcommenter

@SummumBonum @paullucas714  Then if that's the case I don't see him having any standing to sue the girl? Especially if the contraband was found and linked to someone else. I have volunteered for many things over the years and its always been the case that the volunteers are covered by the insurance policy for the group that I would be volunteering for. In this case, the county of Orange. If this guy was not covered but the county allowed hi to go along for the adventure and the risks that go with it, then the county is culpable.

fishwithoutbicycle
fishwithoutbicycle topcommenter

@bruz1111

You know, there are plenty of gender-neutral terms you could use instead of "pussy" to express your distaste for his actions. I'm sick of the insults men hurl at other men that bash the female gender at the same time...

MatthewTCoker
MatthewTCoker topcommenter

@paullucas714 @SummumBonum The Costa Mesa Search Party Facebook page shows friends and family of the missing asked people to come out and search for them. The county government did not solicit such help, near as I can remember.

paullucas714
paullucas714 topcommenter

@MatthewTCoker @paullucas714 @SummumBonum If thats the case then there is no way this girl can be found culpable I any court for the plaintiffs injuries. But if he went the route of claiming the county was culpable for allowing the volunteer to participate inn the search without any vetting or instruction s or safety meeting before hand  then he would have standing. Trying to pin the medical tab on the girl is not going to fly. She did not solicit his aide, and the drugs were not found in her possession but the guys car. The volunteer has no standing to go after the girl who can be viewed as victim at this point. Now I can see why Todd Spitzer was trying to get the money out of these kids so he can wash his hands of the county's negligence in this case.

fishwithoutbicycle
fishwithoutbicycle topcommenter

@MatthewTCoker 

Thank you for clarifying that. 

Yet I'm sure most of us still agree it doesn't make any sense that Papageorge is suing Ms. Jack but not Mr. Cendoya.

MatthewTCoker
MatthewTCoker topcommenter

@fishwithoutbicycle @MatthewTCoker My memory is a fire rescuer also got hurt, through not as badly as Mr. Papageorge's, rescuing Ms. Jack the morning after Mr. Cendoya had been found. Perhaps it was also in the hours after Cendoya was rescued that Mr. Papageorge's fell. If Cendoya was already safe, it'd be hard to argue in court he was at fault?

fishwithoutbicycle
fishwithoutbicycle topcommenter

@MatthewTCoker @fishwithoutbicycle 

That's true. But the bottom line is Papageorge volunteered to be part of rescue efforts of his own free will. He KNEW there was a risk...so neither Cendoya nor Jack should have to pay for his medical treatment.

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