Does plaintiff's failure to slide in front of the other side of the road constitute negligence?

California, United States of America


The following excerpt is from Krol v. Sampson, 278 Cal.Rptr. 164, 6 Cal.App.4th 310 (Cal. App. 1991):

11 We do not believe the evidence supports an inference that plaintiff's failure to slide earlier "falls below the standard of care which a person of ordinary prudence would exercise to avoid injury...." ( Segoviano v. Housing Authority, supra, 143 Cal.App.3d at p. 175, 191 Cal.Rptr. 578.) Plaintiff intended to slide and denied he was late in starting to slide. When asked why he did not slide, plaintiff stated: "I don't think it was that I didn't slide. I don't think I had the opportunity to actually get that far."

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