California Court of Appeal

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TERRY v. GARCIA, C040100

Where the alleged cause of plaintiff's injury was an act of negligence independent of the conduct that necessitated his response, assumption of the risk in the form of the firefighter's rule does not apply. Summary judgment in favor of defendant is reversed.

Appellate Information

  • Decided 05/28/2003
  • Published 05/28/2003




  • California Court of Appeal


  • For Appellant:
  •  Dreyer, Babich, Buccola & Callaham, Roger A. Dreyer, Stephen F. Davids, Christopher W. Wood, Sacramento, for Plaintiffs and Appellants.

  • For Appellees:
  • Mayall, Hurley, Knutsen, Smith & Green, Joseph A. Salazar, Jr., and Michael D. Hallas for Defendants and Respondents.
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