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TUCKER v. CBS RADIO STATIONS, INC.

No. D055920.

194 Cal.App.4th 1246 (2011)

AARON M. TUCKER et al., Plaintiffs and Appellants, v. CBS RADIO STATIONS, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 29, 2011.

Attorney(s) appearing for the Case

Biren/Katzman and Matthew B.F. Biren for Plaintiffs and Appellants.

Bacalski, Ottoson & Dubé, Denise M. Serino and Gary Carl Ottoson for Defendants and Respondents CBS Radio Stations, Inc., individually, and dba KFRG, and Ron Martin.

Gray • Duffy and Brian Martin Plessala for Defendant and Respondent Jeanne Boardman, dba Boardmanville Trading Post.

OPINION

McINTYRE, J.—

In general, the rescue doctrine permits a rescuer to recover for injuries sustained while attempting to rescue a party placed in danger by the defendant's conduct. In this case we conclude that the rescuer cannot maintain negligence claims against defendant because he failed to establish that a duty of care was owed to the rescued party.

Aaron M. Tucker and his wife, Jeri Lyn Hawk-Tucker (together the Tuckers...

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