Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Li v. Yellow Cab Co. of California

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Torts Keyed to Epstein

View this case and other resources at:
Bloomberg Law

Citation. 13 Cal. 3d 804, 532 P.2d 1226, 119 Cal. Rptr. 858, 1975 Cal.

Brief Fact Summary. Defendant hit Plaintiff when Plaintiff attempted to cross three lanes of oncoming traffic in order to enter a service station. Both parties were negligent. The trial court held that Plaintiff was barred from recovery by her own contributory negligence.

Synopsis of Rule of Law. The doctrine of comparative negligence assesses liability in direct proportion to fault.


Facts. Plaintiff attempted to cross three lanes of oncoming traffic in order to enter a service station. Defendant’s driver was speeding, ran a yellow light and struck Plaintiff’s car. Both parties were negligent. The trial court held that Plaintiff was barred from recovery due to her own contributory negligence. Plaintiff appealed.

Issue. Should the affirmative defense, contributory negligence, give way to a system of comparative negligence, which assesses liability in direct proportion to fault?

Create New Group

Casebriefs is concerned with your security, please complete the following