California Court of Appeal

The judgement of dismissal and order granting summary judgment are reversed in this suit for negligence and premises liability. While eating lunch at defendants restaurant, plaintiff sustained a black widow spider bite that sent her to the hospital. Plaintiff alleged that defendant knew or should have known that spiders were present at its restaurant and that it had a duty to take reasonable care for its patrons. Defendant filed a motion for summary judgement that the trial court granted. The appellate court held that the trial court erred in granting a summary judgment motion when there were issues of fact that could be decided in plaintiffs favor.

Appellate Information

• Published 2018/06/15

Judges

• Miller

Court

• California Court of Appeal

Counsel