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2006-10-03 05:44:16 · 2 answers · asked by JESSICA M 1 in Education & Reference Homework Help

2 answers

What the declarations show is that the doctrine of conditional of res ipsa loquitur
applies; that is, the injury would not ordinarily have occurred unless someone was
negligent. Cline v Lund (1973) 31 Cal.App.3d 755, 761. There is a triable issue of fact
as to whether defendant was negligent because plaintiff’s experts are of the opinion
that this injury is unlikely to occur in the absence of negligence.

http://www.saccourt.com/courtrooms/trulings/d53archives/D53-2005-0929-0200.pdf#search='cline%20vs%20lund%201973'

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2006-10-03 05:59:40 · answer #1 · answered by odu83 7 · 0 0

Information can be found here:

http://caselaw.lp.findlaw.com/ca/calapp3d/year/1973_4.html

about 3/4 down the page, but you need to register at FindLaw to get the information.

If you search Cline v Lund (rather than vs) you might find more information. That is how I found this reference. Good luck!

2006-10-03 13:00:36 · answer #2 · answered by Yahzmin ♥♥ 4ever 7 · 0 0

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