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Li v. Yellow Cab Co. of California | 532 P.2d 1226 (1975)
If the defendant’s negligence and the plaintiff’s negligence combine to injure the plaintiff, can the plaintiff still recover damages? Or is the plaintiff barred from recovery? We explore those questions in Li versus Yellow Cab Company of California.
Nga Li was driving on Alvarado Street in Los Angeles. She stopped shortly before the intersection with Third Street to turn left into a gas station. Li had to cross three lanes of oncoming traffic. As she turned, an oncoming taxi owned by Yellow Cab Company of California struck Li’s car. Li was injured, and her car was damaged.
Li sued Yellow Cab for negligence. The trial court found that the taxi was traveling at an unsafe speed when it hit Li. The trial court further found that the taxi passed through the intersection of Alvarado and Third Streets when the light was yellow. However, the trial court also found that Li’s decision to turn left in the face of oncoming traffic created a hazard.
Under California law at the time, plaintiffs were generally barred from recovery if they were contributorily negligent and if that negligence was a proximate cause of the incident. Accordingly, the trial court found that Li’s claim was barred. It therefore entered judgment in Yellow Cab’s favor. Li appealed to the California Supreme Court.
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