Knight v. Jewett

How courts have described this case

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

• stating that a patient “by voluntarily encountering” a risk of injury does not “ ‘impliedly consent’ to negligently inflicted injury or ‘impliedly agree’ to excuse the surgeon from a normal duty of care”
• stating that a jury may use comparative fault to achieve “equitable apportionment” based on relative responsibility “whether ... responsibility for the injury rests on negligence, strict liability, or other theories of responsibility ” (emphasis added)
• applying a recklessness standard to an injury in an informal game of coed football
• player in a touch football game assumed the risks associated with playing the game with exuberant participants
• a defense where a finger was stepped on by a fellow participant in a touch football game
• when plaintiff incurred injury in voluntary participation in dangerous sport, the defendant’s duty of care must be examined in relation to the nature of the sport

Source: CourtListener parenthetical corpus (CC0).