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lawsuitplaintiffdefendantdamagesnegligenceliabilityleasecase lawjury instructions

plaintiffnegligenceliabilityverdictlease

Related Cases

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

Facts

Hugo Tunkl filed a lawsuit against the Regents of the University of California and two physicians for damages due to alleged negligence resulting in personal injuries. After Tunkl's death, his wife was substituted as the plaintiff. The Regents presented a special defense citing a release signed by Tunkl, which stated that he released the hospital from liability for negligent acts if due care was used in selecting employees. The jury found the release valid, leading to a judgment for the defendants.

However, when we speak of plaintiff we refer to Mr. Tunkl.

Issue

The main issues were whether the release was void and contrary to public policy and whether the court erred in refusing to give certain jury instructions requested by the plaintiff.

The questions presented are (1) whether the exemption from future liability contained in the document entitled ‘Conditions of Admission’ was, and is, void and contrary to public policy; (2) whether the court erred prejudicially by its failure to give certain instructions requested by the plaintiff.

Rule

The court applied the principle that releases from liability for simple negligence are not violative of public policy, as established in previous case law.

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

Analysis

The court determined that the release signed by Tunkl was valid and binding, as it clearly expressed the terms under which he released the hospital from liability for negligence. The court noted that Tunkl had signed the release voluntarily and had not been prevented from reading the admission papers. The court also found no evidence that the release was broader than Tunkl intended or that he had any existing claims against the defendants at the time of signing.

The special verdict of the jury was justified by the evidence.

Conclusion

The court affirmed the judgment for the defendants, concluding 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 the case because the court upheld the validity of the release signed by Tunkl, which exempted them from liability for negligence.

The hospital is a non-profit, charitable, institution.

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