Can a release from an electrician while he was still alive be destroyed as a cause of action for wrongful death?
California, United States of America
The following excerpt is from Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1, 236 Cal.Rptr. 181 (Cal. App. 1987):
1. Under Earley v. Pacific Electric Ry. Co. (1917) 176 Cal. 79, 167 P. 513, a cause of action for wrongful death cannot be destroyed by a release given by a decedent while he was alive.
2. Whether Coates knowingly assumed the specific risk that resulted in his death is a triable issue of fact.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are some counts for wrongful death in a wrongful death action brought by a plaintiff against her deceased mother? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What is the test for a cause of action for wrongful death? (California, United States of America)
What is the accrual of a cause of action for wrongful death? (California, United States of America)
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)
What is the test for establishing a cause of action for wrongful death of a fetus? (California, United States of America)
Is there a new cause of action for wrongful death of a fetus? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Can a jury return a guilty verdict on a charge of murder if it finds concurrent causes of death, even if the criminal act was not a principal cause of death? (California, United States of America)
