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I. [1a] The issue is whether the mere fact that a highway patrolman comes to the aid of an injured or stranded motorist creates an affirmative duty to secure information or preserve evidence for civil litigation between the motorist and third parties.
State of California (1983) 34 Cal.3d 18, 23.) If, however, a person elects to come to someone’s aid, he or she has a duty to exercise due care. (Williams, supra, 34 Cal.3d at p. 23.) Thus, a “good Samaritan” who attempts to help someone might be liable if he or she does not exercise due care and ends up causing harm.
18 mar 2020 · Although no California court has squarely decided the issue presented by this case, the California Supreme Court has stated that a law enforcement officer has a duty of care when his conduct, “in a situation of dependency, results in detrimental reliance on him for protection.” Williams v. State of California, 34 Cal. 3d 18, 25,
Following a three-week trial, a jury returned a verdict in favor of plaintiff in excess of $700,000. It apportioned 50 percent fault to Wilkes, 30 percent to Byrd (and the state for his conduct), [18 Cal.4th 1061] and 20 percent to the state (for DeVille's conduct). The total judgment against defendants amounted to $440,000 plus costs.
Thu, 08/18/1983: Rimel v. State Bar: 34 Cal.3d 128 : Thu, 07/14/1983: Rivcom Corp. v. Agricultural Labor Relations Bd. 34 Cal.3d 743 : Mon, 10/17/1983: Roberts v. Commission on Judicial Performance: ... 'California Chief Justice Tani Cantil-Sakauye delivers an important message' ...
reliance upon the undertaking." (Williams v. State of California (1983) 34 Cal. 3d 23.7 This Court's reference to the good Samaritan law in Williams and Artiglio is applied through CACI Jury Instruction No's. 450 and 452. Pursuant to these instructions, a Boy Scout will not be found negligent if
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