California Court of Appeal

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Padilla v. Rodas, B195284

In action for wrongful death and negligence where a two-year-old child drowned in the backyard pool of the homeowners when his parent left him unattended for about five minutes, summary judgment for homeowners is affirmed as: 1) they owed no duty, and breached no duty, of supervision; and 2) the parent could not establish that the absence of a self-latching closing mechanism on the gate at one of the entrances to the pool area was a cause of the accident since it was speculative as to whether the child entered the pool area through the gate or through one of the other points of access to the pool.

Appellate Information

  • Decided 02/29/2008
  • Published 02/29/2008

Judges

  • MALLANO, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bermeo & Merluza and Ricardo Y. Merluza, Glendale, for Plaintiff and Appellant.

  • For Appellees:
  • Early, Maslach & Vandueck, James Randall, Los Angeles;  Law Office of Priscilla Slocum and Priscilla Slocum, Los Angeles, for Defendants and Respondents.
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