Legal Opinion
Fitzgerald v. Herzer
California Court of Appeal
Decided February 17, 1947No. Civ. 15573PublishedCited by 41 opinions
1Opinion of the CourtWilson, J.
The question presented by this appeal is whether defendant’s discharge in bankruptcy released him from a judgment in a personal injury action in which plaintiff’s injuries were the result of his grossly careless and reckless conduct.
Plaintiff commenced an action against defendant to recover damages for injuries that she received when struck by an automobile driven by him. The complaint alleged that he drove his automobile “at a fast, furious, reckless and dangerous rate of speed, in a grossly careless, reckless and unlawful manner, and at an illegal rate of speed”; that he drove “negligently,…
2Cases cited24 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Boynton v. BallSupreme Court of the United States · 1887
- Brown v. BrownCalifornia Supreme Court · 1915
- Horton v. HortonCalifornia Supreme Court · 1941
- In Re HammondCourt of Appeals for the Second Circuit · 1938
19 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- People v. SimsCalifornia Supreme Court · 1982
- Bohn v. WatsonCalifornia Court of Appeal · 1954
- Younie v. Gonya (In Re Younie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Kahn v. KahnCalifornia Court of Appeal · 1977
- Shepardson v. McLellanCalifornia Supreme Court · 1963
36 more not listed; retrieve them via the Exa API.