Eramdjian v. Interstate Bakery Corp.

I concur in the judgment but I cannot endorse that part of the prevailing opinion which discusses contributory negligence and assumption of risk. It strikes a false note and injects a dissonance into the harmony of the law.

The majority are concerned with the question of whether plaintiff was guilty of negligence in the events leading up to the first accident. If plaintiff was negligent prior to that event the fact became legally inconsequential for he was lying in the highway unconscious at the time defendant’s truck ran over. him. Any negligence on his part had spent itself and as *609a matter…