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Sears v. Morrison

Court of Appeal of California

90 Cal. Rptr. 2d 528 (1999)

Relevant factsFree

While repairing a running swamp cooler with its panels removed, Morrison (defendant) tripped on a cord, causing the cooler to fall and pin him; Sears (plaintiff), fearing he couldn't breathe, was severely cut by the still-running machine's moving parts while trying to free him, and sued for negligence, but the trial court granted Morrison summary judgment, finding the rescue doctrine inapplicable.

IssueFree

Whether, under the rescue doctrine, a negligent actor is liable for injuries sustained by a person trying to rescue the actor from the actor's own negligence.

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