legal news


Register | Forgot Password

JOHNNY v. JACK AHN Part I
Where golfer failed to confirm another person's location before teeing off, and his ball hit other person in head, doctrine of primary assumption of risk did not bar negligence claim; there were triable issues of fact as to whether golfer's conduct in failing to confirm other person's location when he teed off increased inherent risks of sport and, in turn, whether other person's conduct was comparatively negligent. Where trial court erroneously granted golfer's summary judgment motion based on doctrine of assumption of risk but then realized error and granted other person's motion for new trial and orally conveyed reasons for ruling, court's order granting new trial was defective but not void where court's minute order failed to state grounds or to specify reasons on which motion was granted and would be upheld on appeal where it accurately reflected law of assumption of risk. Defendant's typographical error in affirmative defense section of answer that referred to skiing instead of golfing was harmless error, not a fatal flaw to proper pleading of affirmative defense.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale