What is the defense in a motor vehicle accident case?
California, United States of America
The following excerpt is from Rodriquez v. Lompoc Truck Co., 227 Cal.App.2d 769, 39 Cal.Rptr. 117 (Cal. App. 1964):
The defense is predicated on 'the plaintiff's consent to relieve the defendant of an obligation of conduct toward him, and to take his chances of harm from a particular risk.' (Prosser on Torts [2d ed. 1955] p. 303), the theory being that defendant's conduct involves certain danger of risk which plaintiff voluntarily accepts. (Morton v. California Sports Car Club, 163 Cal.App.2d
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