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7 Pac. L. J. 747 (1976)
Li v. Yellow Cab Company: A Survey of California Practice under Comparative Negligence

handle is hein.journals/mcglr7 and id is 765 raw text is: Comparative Negligence in California Li v. Yellow Cab Company: A Survey Of California Practice Under Comparative Negligence VICTOR E. SCHWARTZ* On March 31, 1975, in the case of Li v. Yellow Cab Co.,' the Supreme Court of California gave birth to a brand new baby for the state-pure comparative negligence. The birth may have been a multiple one in that the introduction of comparative negligence repre- sents much more than the abolition of the absolute contributory negli- gence defense. Indeed it has the potential of affecting and changing many other doctrines of tort law. Moreover, the nature of this new child will be substantially affected by the preexisting tort law of the state. For example, if California generally permitted contribution among joint tortfeasors, comparative negligence would have one effect; on the other hand, if California sharply limited contribution among joint tortfeasors, as it does now,2 comparative negligence may bring about a different result. * J.D., 1965, Columbia University School of Law; Professor of Law, University of Cincinnati; Author, CowAaAXIvE NEGLIENcE (1974); Co-author, PRossM, WADE AN ScHwAxi77, CAsEs AND MATEEuLs oN Tois (6th ed. 1976). 1. 13 Cal. 3d 804, 532 P.2d 1226, 119 Cal. Rptr. 858 (1975). The Li opinion was modified by the supreme court on April 24, 1975. For a discussion of that modification see note 91 infra. 2. See CAL. CoDB Civ. PRoc. §§428.10, 875.

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