Sears v. Morrison
California Court of Appeal
1Opinion of the Court
Opinion
MORRISON, J.
Under the rescue doctrine, an actor is usually liable for injuries sustained by a rescuer attempting to help another person placed in danger by the actor’s negligent conduct. The question here is whether an actor is liable for injuries sustained by a person who is trying to rescue the actor from his own negligence. The answer is yes.
John D. Morrison put a swamp cooler on a furniture dolly and removed its sides, exposing the machinery. He was working on it, while it was running, when he tripped on an electrical cord while trying to empty an ashtray, causing the swamp cooler…
2Cases cited34 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Maltman v. SauerWashington Supreme Court · 1975
- Neighbarger v. Irwin Industries, Inc.California Supreme Court · 1994
- Mautino v. Sutter Hospital Assn.California Supreme Court · 1931
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3Cited by5 opinions
- Clinkscales v. Nelson Securities, Inc.Supreme Court of Iowa · 2005
- Ramirez v. NelsonCalifornia Supreme Court · 2008
- Jeanette M Sanders v. Francis AlgerArizona Supreme Court · 2017
- Strickland v. KoteckiAppellate Court of Illinois · 2009
- Clinkscales v. Nelson Securities, Inc.Supreme Court of Iowa · 2005