Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. OF CALIFORNIA 13 Cal.3d 804, 532 P.2d 1226,119 Cal.Rptr. 858 (1975) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. PURPOSE: This case demonstrates how a court may overrule a long-standing precedent while introducing readers to the important concepts of contributory and comparative negligence. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. CAUSE OF ACTION: Negligence. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. FACTS: Plaintiff made an improper turn through an intersection and was struck by defendant who was racing to pass through the intersection while the stoplight was yellow. The case was heard without a jury and the judge found both plaintiff and defendant negligent and entered a judgment in favor of the defendant based on California law. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. ISSUE: Whether the Supreme Court of California should overrule precedent establishing contributory negligence in favor of the doctrine of comparative negligence. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. HOLDING: Yes, the Court adopts pure comparative negligence. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. REASONING: The doctrine is inequitable in its operation because it fails to distribute responsibility in proportion to fault. Twenty-five state legislatures have abrogated the “all or nothing” rule of contributory negligence and enacted statutes calculated to assess liability in proportion to fault; Florida effected the same result by judicial decision. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. LI v. YELLOW CAB CO. DISSENT: Justice Clark argues that this is a legislative question, particularly in light of the different forms of comparative negligence adopted by the legislatures of other states. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.