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Assumption of the Risk › Wrongful Death

Marshall Dennehey

Appellate Court Upholds Assumption of Risk Defense in Parade Fatality Case

Marshall Dennehey on

Luke v. Short Creek Joint Fire District, 2025 WL 289593, No. 24-JE-0005 (Ohio Ct. App. Jan. 23, 2025) - This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles....more

Haight Brown & Bonesteel LLP

The First Appellate District Confirms Event Operators and Organizes Have Duty Not to Increase Inherent Risks Under the Primary...

Haight Brown & Bonesteel LLP on

In Hass v. RhodyCo Production (No. A142418 – 8/13/2018), the First Appellate District’s applied longstanding rules regarding when express waivers are effective and the primary assumption of risk doctrine to deny summary...more

Haight Brown & Bonesteel LLP

Release of Liability Agreement Extinguishes Duty of Ordinary Care

Haight Brown & Bonesteel LLP on

On January 27, 2015, the California Court of Appeal, Fourth Appellate District, in Eriksson v. Nunnink (Case No. E057158), held a release of liability between Decedent and Defendant was enforceable as a defense to the...more

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