Legal Opinion
Muldovan v. McEachern
Supreme Court of Georgia
Decided November 15, 1999No. S99G0012PublishedCited by 47 opinions
1Opinion of the Court
Sears, Justice.
Certiorari was granted from the Court of Appeals’ ruling that assumption of the risk is not available as a defense to tortious claims *806arising from wilful or wanton misconduct.1 Based upon the Court of Appeals’ own precedent and other authorities, we conclude that assumption of the risk is a valid defense where a plaintiff makes a subjective decision to assume the risk of harm posed by particular wilful or wanton acts. Therefore, we reverse.
Appellant Michael Muldovan and decedent Michael McEachern, both 17 years old, were best friends. Along with other teenagers, they attended a…
2Cases cited11 opinions
- Vaughn v. PleasentSupreme Court of Georgia · 1996
- Roberts v. KingCourt of Appeals of Georgia · 1960
- Beringause v. Fogleman Truck Lines, Inc.Court of Appeals of Georgia · 1991
- Hendricks v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1989
- City of Winder v. GironeSupreme Court of Georgia · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Johnson Street Properties, LLC v. ClureSupreme Court of Georgia · 2017
- Trammel v. BradberryCourt of Appeals of Georgia · 2002
- Bass Custom Landscapes, Inc. v. CunardCourt of Appeals of Georgia · 2002
- TEEMS v. BatesCourt of Appeals of Georgia · 2009
- Sheehan v. THE NORTH AMERICAN MARKETING CORP.Court of Appeals for the First Circuit · 2010
42 more not listed; retrieve them via the Exa API.