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Keywords

contractlawsuitplaintiffnegligenceliabilitytrialverdictwillleasejury trial
damagesnegligenceliabilitylease

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Tunkl v. Regents of University of Cal., 23 Cal.Rptr. 328

Facts

This case involves a lawsuit initiated by Hugo Tunkl against the Regents of the University of California and two physicians for personal injuries allegedly caused by negligence. After Tunkl's death, his wife was substituted as the plaintiff. The Regents presented a release signed by Tunkl, which exempted them from liability for negligence if they had exercised due care in selecting their employees. The validity of this release was contested, leading to a jury trial that upheld the release.

This action was instituted by Hugo Tunkl against the Regents of the University of California (sued as University of California) and two physicians, employees of U.C.L.A. Medical Center, a hospital operated by and under control of the Regents as a non-profit charitable institution, for damages for personal injuries resulting from the alleged negligence of the physicians.

Issue

Whether the release from liability contained in the 'Conditions of Admission' is void and contrary to public policy.

Rule

Releases from liability for simple negligence are generally valid and not against public policy, provided that the service rendered is not fully paid for by the releasor. The law does not invalidate contracts that exempt one from responsibility for simple negligence unless they involve fraud or willful injury.

It is established that releases from liability for simple negligence are not violative of public policy.

Analysis

The court analyzed the release signed by Tunkl, determining that it was valid as it pertained to simple negligence and that the hospital's services were provided without charge. The court noted that Tunkl had the opportunity to read the release and voluntarily signed it without coercion. The court also referenced previous cases that supported the validity of such releases in similar contexts.

The rule is well established that one who is capable of reading and understanding a document, who executes it freely and voluntarily without reading it, cannot be heard to say afterwards that he did not understand or agree to the terms and conditions of the writing.

Conclusion

The court affirmed the judgment in favor of the Regents, holding that the release was valid and not contrary to public policy.

The judgment is affirmed.

Who won?

The Regents of the University of California prevailed in this case because the court found that the release signed by Tunkl was valid and enforceable. The court emphasized that the release was not contrary to public policy and that Tunkl had voluntarily agreed to its terms. The jury's verdict supporting the validity of the release was upheld, leading to the affirmation of the judgment.

The Regents of the University of California prevailed because the court found that the release was valid and not contrary to public policy, emphasizing that Tunkl had voluntarily signed the release without coercion.

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