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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