Sears v. Morrison
Court of Appeal of California
90 Cal. Rptr. 2d 528 (1999)
John Morrison (defendant) made an attempt to repair a swamp cooler by placing it onto a furniture dolly and removing its panels, exposing the inner machinery of the cooler. While Morrison was working on the cooler, he left it running. At some point, Morrison attempted to empty an ashtray and slipped on an electrical cord, which in turn caused the cooler to fall onto him, pinning him to the ground. Elda Sears (plaintiff) was with Morrison at the time and was concerned that the cooler would prevent Morrison from breathing or cause him to suffer a heart attack. During an attempt to remove the cooler from Morrison, Sear’s hand was severely cut by a moving part from the still-running cooler. Sears brought an action in negligence against Morrison to recover damages for the injury to her hand. At trial, the court determined that the rescue doctrine did not apply and granted summary judgment in favor of Morrison. Sears filed a notice of appeal, but ultimately, judgment was granted by the trial court in favor of Morrison. Sears appealed, arguing that the rescue doctrine applied because she was injured while attempting to rescue Morrison from a dangerous situation caused by Morrison’s negligent conduct.
Rule of Law
Holding and Reasoning (Morrison, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.