California Supreme Court· 8/24/1992

Knight v. Jewett

Citations

834 P.2d 696
3 Cal. 4th 296
11 Cal. Rptr. 2d 2
92 Daily Journal DAR 11870
92 Cal. Daily Op. Serv. 7261
1992 Cal. LEXIS 3969

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).

Judges: George, Mosk, Panelli, Kennard

Read full opinion on CourtListener

Cited by

247 cases in this archive cite this case; the 20 most cited are listed.

Cites

69 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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