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accident activity affirmed alleged applied arrest assumption of risk award burden Cal.Rptr causation cause of action circumstances claim common law comparative negligence compensation complaint conclude condition conduct considered contributory negligence cost Court of Appeals dangerous decedent decision defective defendant defendant's determine dissenting district court doctrine duty economic emotional distress employee evidence expected fact foreseeable harm held hospital imposed infliction instruction intentional involved issue Judge jury Justice Kerr-McGee landlord limited loss manufacturer motion noted nuisance officer operation opinion pain and suffering party patient personal injury physician plaintiff problem products liability Prosser protect proximate cause punitive damages question reasonable recognized recover recovery res ipsa loquitur responsibility Restatement Second result rule S.Ct safety Silkwood standard statute strict liability summary judgment supra Supreme Court testified testimony theory tort law tortfeasor trespass trial court unreasonable verdict victim violation wrongful death