TUNKL v. REGENTS OF UNIVERSITY OF CALIFORNIA

Docket No. L.A. 26984.

60 Cal.2d 92 (1963)

383 P.2d 441

32 Cal. Rptr. 33

OLGA TUNKL, as Executrix, etc., Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent.

Supreme Court of California. In Bank.

July 9, 1963.


Attorney(s) appearing for the Case

Caidin, Bloomgarden & Kalman and Newton Kalman for Plaintiff and Appellant.

Edward I. Pollock, William Jerome Pollack and Morris L. Marcus as Amici Curiae on behalf of Plaintiff and Appellant.

Belcher, Henzie & Fargo, Leo J. Biegenzahn and William I. Chertok for Defendant and Respondent.


TOBRINER, J.

This case concerns the validity of a release from liability for future negligence imposed as a condition for admission to a charitable research hospital. For the reasons we hereinafter specify, we have concluded that an agreement between a hospital and an entering patient affects the public interest and that, in consequence, the exculpatory provision included within it must be invalid under Civil Code section 1668.

Hugo Tunkl brought this action...

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