(Download) "Diaz v. United California Bank" by Second Appellate District, Division Three Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Diaz v. United California Bank
- Author : Second Appellate District, Division Three Court of Appeal of California
- Release Date : January 27, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This appeal is taken from a judgment entered upon a jury verdict in favor of plaintiff. The action is one for damages for personal injuries suffered as a result of an automobile accident. The sole issue presented in the appeal is whether the trial court erred in refusing to instruct the jury on the defense of assumption of risk. The case was tried subsequent to Li v. Yellow Cab Co. (1975) 13 Cal. 3d 804 [119 Cal. Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], wherein the Supreme Court abolished the defense of assumption of risk, insofar as it overlaps with contributory negligence, in favor of the doctrine of comparative negligence. We hold that under the facts of this case, the trial courts refusal was not error.
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