Avvocato & Tuch, Inc. v. Pacific National Fire Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that since passage of comparative negligence statute, assumption of risk is now subsumed in question whether defendant owed plaintiff duty of care
• concluding that a \reckless or intentional\ standard applied in a case involving a professional jockey injured during a horse race
• finding that the defendant owed “no more than a duty to avoid reckless or intentionally harmful conduct”
• applying the doctrine of primary assumption of the risk to horse racing despite a municipal regulation prohibiting \foul riding\
• discussing express assumption of risk, primary assumption of risk, secondary assumption of risk, consent and waiver
• “... the dismissal of the complaint against Fell, [the defendant’s] employee, mandates dismissal of the complaint against the employer”

Source: CourtListener parenthetical corpus (CC0).