SEARS V. MORRISON 76 Cal.App.4th 577 (1999) CASE BRIEF

SEARS V. MORRISON

76 Cal.App.4th 577 (1999)

NATURE OF THE CASE: Sears (P) appealed a summary judgment in favor of Morrison (D) holding that the rescue doctrine did not apply in this case.

FACTS: D put a swamp cooler on a furniture dolly and removed its sides, exposing the machinery. While working on it, D caused it to fall on himself. P tried to help him because he was in poor medical condition be unable to breathe with the heavy machine on top of him. When P tried to lift the swamp cooler off of Morrison, her hand was severely cut by a moving part. P sued D. The trial court granted D's motion for summary judgment. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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