Legal Opinion

Tunkl v. Regents of University of California

California Supreme Court

Decided July 9, 1963No. L. A. 26984PublishedCited by 348 opinions

1Opinion of the CourtTobriner, J.

This case concerns the validity of a release from liability for future negligence imposed as a condition for admission to a charitable research hospital. For the reasons we hereinafter specify, we have concluded that an agreement between a hospital and an entering patient affects the public interest and that, in consequence, the exculpatory provision included within it must be invalid under Civil Code section 1668.

Hugo Tunkl brought this action to recover damages for personal injuries alleged to have resulted from the negligence of two physicians in the employ of the University of California…

2Cases cited45 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  4. German Alliance Insurance v. LewisSupreme Court of the United States · 1914
  5. Chas. Wolff Packing Co. v. Court of Industrial RelationsSupreme Court of the United States · 1923

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3Cited by348 opinions

  1. Gray v. Zurich Insurance Co.California Supreme Court · 1966
  2. Zivich v. Mentor Soccer Club, Inc.Ohio Supreme Court · 1998
  3. Knight v. JewettCalifornia Supreme Court · 1992
  4. Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
  5. Madden v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1976

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