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Carlsen v. Koivumaki, C070671

Summary judgment for defendant Koivumaki in an action in which plaintiff alleged that defendants put him in peril by bringing him to the edge of a cliff when he was highly intoxicated, leading to his fall, and that they aggravated his injuries by waiting several hours to inform the authorities of the fall, is: 1) reversed in part and remanded, where plaintiff established triable issues of material fact as to the negligence and willful misconduct causes of action, because on the facts tendered, a jury reasonably could infer that defendant Koivumaki had acted to put an inebriated plaintiff in peril at the edge of a cliff; but 2) affirmed in part with regard to the summary adjudication of the assault and battery and intentional infliction of emotional distress causes of action. As to defendant Gudelunas, the trial court erred in denying plaintiff's request for entry of default judgment, where a hearing is required to determine whether plaintiff can establish damages and, if so, to enter a default judgment for plaintiff and against defendant Gudelunas.

Appellate Information

  • Decided 07/07/2014
  • Published 07/07/2014

Judges

  • BLEASE

Court

  • California Court of Appeal

Counsel

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