Donnell
Donnell v. California Western School of Law
Opinion
Lead Opinion
Kremer, J.
Plaintiffs William and Nancy Donnell (Donnell) appeal summary judgment favoring defendants California Western School of Law (Cal Western), its security guard Lloyd Liverman and employee Dennis Avery on plaintiffs’ complaint for negligence, conscious disregard of safety, negligent infliction of emotional distress and loss of consortium. We affirm the summary judgment.
I
Donnell’s complaint alleged: Cal Western runs a law school at 350 Cedar Street in a San Diego building it owns, possesses and controls. Cal Western provides no parking for its students at or near its law school. On January 30, 1984, Cal Western’s library and school grounds were open for student use until midnight. About 10 p.m., Cal Western law student William Donnell left Cal Western’s building after studying in its library and headed toward his parked car. While walking along the west side of Cal Western’s building, William was attacked, stabbed and injured by an unknown assailant. William called for help, but no security personnel came to his *718 assistance. Cal Western’s building had no exterior lights on its west side. No security guards patrolled the building’s west side.
Donnell further alleged:…
Dissenting Opinion
Wiener, J.
Dissenting.—My disagreement with the majority is at two levels. The first is the analytic process through which they reach their conclusion. The second is the conclusion itself. I am far more concerned with the former than the latter. The judicial determination of tort liability should rest on objective principles, principles which I believe are absent in the majority opinion. I would be far less concerned if the majority had simply said that Cal Western acted reasonably or that its negligence was not the legal cause of Donnell’s injuries (see Lopez v. McDonald’s (1987) 193 Cal.App.3d 495 [ 238 Cal.Rptr. 436 ]). To say, however, that Cal Western had no duty to Donnell ignores both well-established precedent and the undisputed facts.
The importance of our difference of opinion cannot be overstated. Judicial rejection of the fundamental principle expressed in Civil Code section 1714 that all persons are responsible for injuries caused by their negligence requires an evaluation of a number of policy considerations. (Rowland v. Christian (1968) 69 Cal.2d 108, 112 [ 70 Cal.Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ].) These factors include “the foreseeability of harm to the *727…
Opinion
Plaintiffs William and Nancy Donnell (Donnell) appeal summary judgment favoring defendants California Western School of Law (Cal Western), its security guard Lloyd Liverman and employee Dennis Avery on plaintiffs' complaint for negligence, conscious disregard of safety, negligent infliction of emotional distress and loss of consortium. We affirm the summary judgment.
Donnell's complaint alleged: Cal Western runs a law school at 350 Cedar Street in a San Diego building it owns, possesses and controls. Cal Western provides no parking for its students at or near its law school. On January 30, 1984, Cal Western's library and school grounds were open for student use until midnight. About 10 p.m., Cal Western law student William Donnell left Cal Western's building after studying in its library and headed toward his parked car. While walking along the west side of Cal Western's building, William was attacked, stabbed and injured by an unknown assailant. William called for help, but no security personnel came to his assistance. Cal Western's building had no exterior lights on its west side. No security guards patrolled the building's west side.