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SEGOVIANO v. HOUSING AUTHORITY

Docket No. 6299.

143 Cal.App.3d 162 (1983)

191 Cal. Rptr. 578

FRANCISCO SEGOVIANO, Plaintiff and Appellant, v. HOUSING AUTHORITY OF STANISLAUS COUNTY, Defendant and Respondent.

Court of Appeals of California, Fifth District.

May 19, 1983.

Attorney(s) appearing for the Case

COUNSEL

Canelo, Hansen & Wilson, Ronald W. Hansen and Robert Prentiss for Plaintiff and Appellant.

Stumbos & Mason and Thomas D. Nielsen for Defendant and Respondent.

OPINION

FRANSON, Acting P.J. —

INTRODUCTION

This appeal presents the question of what part, if any, the defense of reasonable implied assumption of the risk (RIAR) plays in our comparative fault system today. RIAR exists when a plaintiff acts reasonably in voluntarily encountering a known risk of injury. It is to be contrasted with another form of implied assumption of risk — where a plaintiff acts unreasonably...

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