(DOWNLOAD) "American Motorcycle Association V. Superior Court Of Los Angeles County" by Supreme Court Of California * Book PDF Kindle ePub Free
eBook details
- Title: American Motorcycle Association V. Superior Court Of Los Angeles County
- Author : Supreme Court Of California
- Release Date : January 09, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 111 KB
Description
Three years ago, in Li v. Yellow Cab Co. (1975) 13 Cal. 3d 804 [119 Cal. Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], we concluded that the harsh and much criticized contributory negligence doctrine, which totally barred an injured person from recovering damages whenever his own negligence had contributed in any degree to the injury, should be replaced in this state by a rule of comparative negligence, under which an injured individual's recovery is simply proportionately diminished, rather than completely eliminated, when he is partially responsible for the injury. In reaching the conclusion to adopt comparative negligence in Li, we explicitly recognized that our innovation inevitably raised numerous collateral issues, "[the] most serious [of which] are those attendant upon the administration of a rule of comparative negligence in cases involving multiple parties." (13 Cal. 3d at p. 823.) Because the Li litigation itself involved only a single plaintiff and a single defendant, however, we concluded that it was "neither necessary nor wise" (13 Cal. 3d at p. 826) to address such multiple party questions at that juncture, and we accordingly postponed consideration of such questions until a case directly presenting such issues came before our court. The present mandamus proceeding presents such a case, and requires us to resolve a number of the thorny multiple party problems to which Li adverted.
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