California Court of Appeal

Dismissal of plaintiffs’ third amended complaint for damages based on the death of their son, who was killed in an automobile accident by a patron leaving defendant’s restaurant, is reversed, where: 1) plaintiffs have made a sufficient showing of additional facts that may be alleged to establish that although defendants did not and could not control conditions on the highway, defendants had a duty to warn patrons leaving the restaurants that only a right turn could safely be made from the exits; and 2) plaintiffs should therefore be given leave to amend their complaint to state additional facts necessary to establish this duty.

Appellate Information

• Decided 12/05/2014
• Published 12/08/2014

Judges

• Johnson

Court

• California Court of Appeal

Counsel