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Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975), commonly referred to simply as Li, is a California Supreme Court case that judicially embraced comparative negligence in California tort law and rejected strict contributory negligence.
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
Knight v. Jewett, 3 Cal. 4th 296 (1992), was a case decided by the California Supreme Court, ruling that the comparative negligence scheme adopted in Li v. Yellow Cab Co. of California did not eliminate the defense of assumption of risk in an action for negligence. [1]
American Motorcycle Association v. Superior Court, 20 Cal. 3d 578 (1978), was a case decided by the Supreme Court of California that first adopted a comparative fault regime for apportionment of liability among multiple tortfeasors for negligence in California. [1]
When McDonald's refused, Liebeck's attorney filed suit in the U.S. District Court for the District of New Mexico, accusing McDonald's of gross negligence. Liebeck's attorneys argued that, at 180–190 °F (82–88 °C), McDonald's coffee was defective, and more likely to cause serious injury than coffee served at any other establishment.
Li v. Yellow Cab Co. (1975): [55] The Court embraced comparative negligence as part of California tort law and rejected strict contributory negligence. Tarasoff v. Regents of the University of California (1976): [56] The Court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a ...
Dillon v. Legg, 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress.To date, it is the most persuasive decision of the most persuasive state supreme court in the United States during the latter half of the 20th century: Dillon has been favorably cited and followed by at least twenty reported out-of ...
Yellow Cab Co., the Supreme Court acknowledged the Legislature's original intent in enacting Civil Code section 1714 [14] to codify a contributory negligence scheme subject to the last clear chance doctrine, then held the legislature had not intended to freeze the common law in place and proceeded to judicially adopt comparative negligence. In ...
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