I have a question about Avengers Academy #37, which just came out.
It’s the final battle with supervillain Jeremy Briggs, whose transmutation powers are overpowering the team. He takes out X-23 by turning her sweat to acid, which is clearly killing her, so she stabs him in an artery [Ed. note: actually, Finesse pushes X-23’s claws into him]. He begins to bleed to death, which breaks his concentration enough that he can’t use his powers.
Teammate Finesse, who has powers similar to Taskmaster and therefore an expert knowledge of the human body, begins to tie off his wounds. But he begins gloating that he will just come back and try again, and so she drops the cord and let’s him die.
Nobody sees this as her teammates were distracted (it’s not exactly clear with what, but they have clear reaction shots showing they didn’t witness the conversation), so as far as anyone knows after X-23 stabbed him there was no way to save him. Later a police officer taking statements says it looks like self-defence and he doubts there would be charges.
1. Finesse’s action does seem like clear self-defense. But could Finesse be charged with anything if it comes out that she had a chance to render medical assistance and did not?
2. Does it make a difference that she started to render medical aid and then withdrew it?
3. Finally, does Finesse’s knowledge of anatomy and first aid skills give her an extra obligation to help someone who is dying, compared to someone had only a vague idea of what to do?
We’ve talked about the duty to rescue twice before, but this is a really great fact pattern. Any of our law student readers who are currently in a torts class should find this particularly interesting. Check it out!