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Wrongful Death Assumption of the Risk

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...

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

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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