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LI v. YELLOW CAB CO.

Docket No. L.A. 30277.

13 Cal.3d 804 (1975)

532 P.2d 1226

119 Cal. Rptr. 858

NGA LI, Plaintiff and Appellant, v. YELLOW CAB COMPANY OF CALIFORNIA et al., Defendants and Respondents.

Supreme Court of California. In Bank.

March 31, 1975.

Attorney(s) appearing for the Case

COUNSEL

Hall, Moore & Norkin and Joseph E. Hall for Plaintiff and Appellant.

Mestad & Sanborn, John B. Mestad, Robert E. Cartwright, Edward I. Pollock, William H. Lally, Stephen I. Zetterberg, Robert G. Beloud, David B. Baum and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.

Hagenbaugh & Murphy, Herbert F. Blanck and William D. Stewart for Defendants and Respondents.

Ives, Kirwan & Dibble, Martin J. Kirwan, Robert A. Seligson, Gilbert, Kelly, Crowley & Jennett, Roger E. Kelly, Ellis J. Horvitz and Arthur E. Schwimmer as Amici Curiae on behalf of Defendants and Respondents.

OPINION

SULLIVAN, J.

In this case we address the grave and recurrent question whether we should judicially declare no longer applicable in California courts the doctrine of contributory negligence, which bars all recovery when the plaintiff's negligent conduct has contributed as a legal cause in any degree to the harm suffered by him, and hold that it must give way to a system of comparative negligence, which assesses liability in...

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