Sears v. Morrison - 76 Cal. App. 4th 577, 90 Cal. Rptr. 2d 528 (1999)

Rule:

The rescue doctrine, like so many doctrines, is a specific application of a general legal principle. The general rule set forth in Cal. Civ. Code § 1714 (a) is everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.

Facts:

John D. Morrison put a swamp cooler on a furniture dolly and removed its sides, exposing the machinery. He was working on it while it was running when he tripped on an electrical cord while trying to empty an ashtray, causing the swamp cooler to fall on him. Elda R. Sears, who had been with Morrison while he was working on the cooler, tried to help him. Because of his poor medical condition and difficulty in breathing, she thought he might have a heart attack or be unable to breathe with the heavy machine on top of him. When she tried to lift the swamp cooler off of Morrison, her hand was severely cut by a moving part. Sears sued Morrison and his mother (now deceased), who owned the property. The trial court granted a defense motion for summary judgment because "The rescue doctrine does not apply in this case." Sears filed a notice of appeal and later obtained an adverse judgment.

Issue:

Does the rescue doctrine apply in this case?

Answer:

Yes.

Conclusion:

The court held the rescue doctrine applied. The general rule, as set forth in Cal. Civ. Code § 1714 (a), was that everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter, willfully or by want of ordinary care, brought the injury upon himself. The rescuer, absent reckless conduct, was not deemed to have brought the injury upon herself. The court found that a rescuer could recover after helping the negligent actor. As a matter of public policy, the negligent actor should not be given a shield from liability.