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· 6/30/1891

Cummings v. Ross

Citations

  • 90 Cal. 68
  • 27 P. 62
  • 1891 Cal. LEXIS 883

How courts have described this case

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

  • explaining that “negligence per se arises when a statute is violated” along with certain other conditions (quotation omitted)
  • no proximate cause between dental practice’s allegedly insufficient sedation policies and anesthetist’s sexual assault of a sedated patient
  • “[T]his [intervening-cause] rule does not insulate the defendant if the defendant had reasonable grounds for apprehending that such [an] act [of a third party] would be committed.” (citation and punctuation omitted)
  • “[T]o recover for injuries caused by another’s negligence, a plaintiff must show four elements: a duty, a breach of that duty, causation and damages.” (punctuation omitted)
  • to state a cause of action for 3 negligence in Georgia, “a plaintiff must show four elements: a duty, a breach of that duty, causation and damages”
  • “Although questions of the foreseeability of intervening criminal acts are usually for the factfinder, when, as here, the evidence on the matter is plain and undisputable, it is properly for the court’s adjudication.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Foote

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.