Can a release from an electrician while he was still alive be destroyed as a cause of action for wrongful death?
California, United States of America
The following excerpt is from Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1, 236 Cal.Rptr. 181 (Cal. App. 1987):
1. Under Earley v. Pacific Electric Ry. Co. (1917) 176 Cal. 79, 167 P. 513, a cause of action for wrongful death cannot be destroyed by a release given by a decedent while he was alive.
2. Whether Coates knowingly assumed the specific risk that resulted in his death is a triable issue of fact.
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