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5 California opinions name it 2 courts 1995–2018 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Nagawiecki v. Stategreen2 sentences1995This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].” (Id., at p. 265; accord, Nagawiecki v. State (1989) 150 A.D.2d 147 [ 545 N.Y.S.2d 954, 956 ] [“. . . the fact that materials are available to make fences and posts such as the one struck by claimant safer . . . does not alter the logic of our conclusion [which dismissed a claim against a ski operator],” citing Veno].) On the day of Connelly’s accident, the ski lift tower that he struck could be seen by approaching skiers for about 200 y 1995This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].” (Id., at p. 265; accord, Nagawiecki v. State (1989) 150 A.D.2d 147 [ 545 N.Y.S.2d 954, 956 ] [“. . . the fact that materials are available to make fences and posts such as the one struck by claimant safer . . . does not alter the logic of our conclusion [which dismissed a claim against a ski operator],” citing Veno].) On the day of Connelly’s accident, the ski lift tower that he struck could be seen by approaching skiers for about 200 y | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Souza v. Squaw Valley Ski Corp.
green
2 sentences2018This would effectively emasculate the doctrine, ... changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers]." ' " ( Souza v. Squaw Valley Ski Corp. , supra , 138 Cal.App.4th at p. 269 , 41 Cal.Rptr.3d 389 .) Snow-grooming equipment, including the snowcat and tiller at issue here, are necessary to the sport of snowboarding because the snowcat grooms the snow needed for snowboarding into a skiable surface. 2018This would effectively emasculate the doctrine, ... changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers]." ' " ( Souza v. Squaw Valley Ski Corp. , supra , 138 Cal.App.4th at p. 269 , 41 Cal.Rptr.3d 389 .) Snow-grooming equipment, including the snowcat and tiller at issue here, are necessary to the sport of snowboarding because the snowcat grooms the snow needed for snowboarding into a skiable surface. | 2 | 2018–2018 |
Verro v. New York Racing Ass'n
green
2 sentences2006This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].’ ” (Connelly, supra, 39 Cal.App.4th at p. 13 , quoting Verro, supra, 142 A.D.2d at p. 400 .) Descending along a similar path, Souza points to the state Supreme Court’s recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 [ 4 Cal.Rptr.3d 103 , 75 P.3d 30 ] (Kahn). 2006This would effectively emasculate the doctrine, ... changing the critical inquiry *395 ... to whether the defendant had a feasible means to remedy [the dangers]." ( Connelly, supra, 39 Cal.App.4th at p. 13 , 45 Cal.Rptr.2d 855 , quoting Verro, supra, 142 A.D.2d at p. 400 , 536 N.Y.S.2d 262 .) Descending along a similar path, Souza points to the state Supreme Court's recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 , 4 Cal. Rptr.3d 103 , 75 P.3d 30 ( Kahn ). | 2 | 2006–2006 |
Connelly v. Mammoth Mountain Ski Area
green
2 sentences2006This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].’ ” (Connelly, supra, 39 Cal.App.4th at p. 13 , quoting Verro, supra, 142 A.D.2d at p. 400 .) Descending along a similar path, Souza points to the state Supreme Court’s recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 [ 4 Cal.Rptr.3d 103 , 75 P.3d 30 ] (Kahn). 2006This would effectively emasculate the doctrine, ... changing the critical inquiry *395 ... to whether the defendant had a feasible means to remedy [the dangers]." ( Connelly, supra, 39 Cal.App.4th at p. 13 , 45 Cal.Rptr.2d 855 , quoting Verro, supra, 142 A.D.2d at p. 400 , 536 N.Y.S.2d 262 .) Descending along a similar path, Souza points to the state Supreme Court's recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 , 4 Cal. Rptr.3d 103 , 75 P.3d 30 ( Kahn ). | 2 | 2006–2006 |
People v. Hard
green
2 sentences2006This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].’ ” (Connelly, supra, 39 Cal.App.4th at p. 13 , quoting Verro, supra, 142 A.D.2d at p. 400 .) Descending along a similar path, Souza points to the state Supreme Court’s recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 [ 4 Cal.Rptr.3d 103 , 75 P.3d 30 ] (Kahn). 2006This would effectively emasculate the doctrine, ... changing the critical inquiry *395 ... to whether the defendant had a feasible means to remedy [the dangers]." ( Connelly, supra, 39 Cal.App.4th at p. 13 , 45 Cal.Rptr.2d 855 , quoting Verro, supra, 142 A.D.2d at p. 400 , 536 N.Y.S.2d 262 .) Descending along a similar path, Souza points to the state Supreme Court's recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 , 4 Cal. Rptr.3d 103 , 75 P.3d 30 ( Kahn ). | 2 | 2006–2006 |
Kahn v. East Side Union High School District
green
2 sentences2006This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].’ ” (Connelly, supra, 39 Cal.App.4th at p. 13 , quoting Verro, supra, 142 A.D.2d at p. 400 .) Descending along a similar path, Souza points to the state Supreme Court’s recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 [ 4 Cal.Rptr.3d 103 , 75 P.3d 30 ] (Kahn). 2006This would effectively emasculate the doctrine, . . . changing the critical inquiry ... to whether the defendant had a feasible means to remedy [the dangers].’ ” (Connelly, supra, 39 Cal.App.4th at p. 13 , quoting Verro, supra, 142 A.D.2d at p. 400 .) Descending along a similar path, Souza points to the state Supreme Court’s recent decision in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 [ 4 Cal.Rptr.3d 103 , 75 P.3d 30 ] (Kahn). | 2 | 2006–2006 |