Cohen

Plaintiff-appellant Warren Cohen, a veterinarian, appeals from a summary judgment in favor of defendant-respondent Suzanne McIntyre and her parents in plaintiffs action for negligence brought as a result of injuries he suffered while treating defendant’s dog Lobo. This case is on remand from the California Supreme Court for reconsideration in light of Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ] (Knight). After reviewing Knight and other authorities, we reaffirm our previous ruling that Cohen’s recovery is, as a matter of law, barred by the doctrine of assumption of the risk.

Background

With one noted exception (see fn. 2, post) we repeat the statement of facts as set forth in our prior opinion:

Plaintiff Cohen is a veterinarian employed by the County of Contra Costa. In his 16 years of experience, he had been bitten twice before while treating dogs. On March 17, 1988 defendant Suzanne McIntyre brought her dog Lobo to the Contra Costa Veterinary Clinic for a preneutering examination. Lobo had bitten three people in the past two years and defendant wanted him neutered because she thought it would “mellow” him.

After about five minutes,…