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SEARS v. MORRISON

No. C029431.

90 Cal.Rptr.2d 528 (1999)

76 Cal.App.4th 577

Elda R. SEARS, Plaintiff and Appellant, v. John D. MORRISON et al., Defendants and Respondents.

Court of Appeals of California, Third District.

Review Denied March 15, 2000.

Attorney(s) appearing for the Case

Donald E. Bartholomew, Redding, James V. Jordan, Los Angeles, and Michael R. Hambly, for Plaintiff and Appellant.

Moss & Enochian, Robert A. Spano and Mark D. Norcross, Redding, for Defendants and Respondents.

MORRISON, J.

Under the rescue doctrine, an actor is usually liable for injuries sustained by a rescuer attempting to help another person placed in danger by the actor's negligent conduct. The question here is whether an actor is liable for injuries sustained by a person who is trying to rescue the actor from his own negligence. The answer is yes.

John D. Morrison put a swamp cooler on a furniture dolly and removed its sides, exposing the machinery....

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