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At the Lectern

Assumption of the risk, two death penalty opinions filing Monday

August 1, 2014

On Monday morning, the Supreme Court will file opinions in Gregory v. CottPeople v. Capistrano, and People v. Carrasco.  Gregory and Capistrano were argued on the court’s early-May calendar and are the last from that session awaiting decision.  Carrasco was argued on the late-May calendar.

In Gregory, the court will decide whether the doctrine of primary assumption of the risk bars the complaint for damages brought by an in-home caregiver against an Alzheimer’s patient and her husband for injuries the caregiver received when the patient lunged at her.

Capistrano is an automatic appeal from a January 1998 judgment of death.  Carrasco is an automatic appeal from a February 1999 judgment of death.

The opinions can be viewed Monday starting at 10:00 a.m.

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