LI v. YELLOW CAB CO.
OF CALIFORNIA
13 Cal.3d 804, 532 P.2d 1226,119
Cal.Rptr. 858 (1975)
Case Brief
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All Rights Reserved.
LI v. YELLOW CAB CO.
• PURPOSE: This case demonstrates how
a court may overrule a long-standing
precedent while introducing readers to the
important concepts of contributory and
comparative negligence.
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All Rights Reserved.
LI v. YELLOW CAB CO.
• CAUSE OF ACTION: Negligence.
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All Rights Reserved.
LI v. YELLOW CAB CO.
• FACTS: Plaintiff made an improper turn
through an intersection and was struck
by defendant who was racing to pass
through the intersection while the stoplight
was yellow. The case was heard without
a jury and the judge found both plaintiff
and defendant negligent and entered a
judgment in favor of the defendant
based on California law.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
LI v. YELLOW CAB CO.
• ISSUE: Whether the Supreme Court of
California should overrule precedent
establishing contributory negligence in
favor of the doctrine of comparative
negligence.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
LI v. YELLOW CAB CO.
• HOLDING: Yes, the Court adopts pure
comparative negligence.
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LI v. YELLOW CAB CO.
• REASONING: The doctrine is inequitable
in its operation because it fails to distribute
responsibility in proportion to fault.
Twenty-five state legislatures have
abrogated the “all or nothing” rule of
contributory negligence and enacted
statutes calculated to assess liability in
proportion to fault; Florida effected the
same result by judicial decision.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
LI v. YELLOW CAB CO.
• DISSENT: Justice Clark argues that this
is a legislative question, particularly in
light of the different forms of comparative
negligence adopted by the legislatures of
other states.
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All Rights Reserved.