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TERRY v. GARCIA

No. C040100.

134 Cal.Rptr.2d 565 (2003)

109 Cal.App.4th 245

Michael Doran TERRY et al., Plaintiffs and Appellants, v. Abelino GARCIA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 28, 2003.

Attorney(s) appearing for the Case

Dreyer, Babich, Buccola & Callaham, Roger A. Dreyer, Stephen F. Davids, Christopher W. Wood, Sacramento, for Plaintiffs and Appellants.

Mayall, Hurley, Knutsen, Smith & Green, Joseph A. Salazar, Jr., and Michael D. Hallas for Defendants and Respondents.

MORRISON, J.

Plaintiff Michael Doran Terry collided with a truck during a high speed, Code 3 response to a domestic disturbance. He brought suit against the driver and the owner of the truck for negligence. The trial court granted defendants' motion for summary judgment on the grounds that the action was barred by assumption of the risk. Since the alleged cause of Terry's injury was an act of negligence independent of the conduct that necessitated his response, assumption...

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