O'NEIL

About 9 p.m. on July 5, 1982, appellant Christopher O’Neil was waiting at a bus stop located across the street from the gas station leased and operated by respondent Jaime C. Gurrola, dba Gurrola Texaco Gas Station. Owing to the fourth of July holiday, the station had been closed since July 3 and did not reopen until the morning of July 6. Hoping to ascertain the time from a clock at the station, O’Neil, according to his version of what transpired, crossed the street and entered upon the station premises. While there he heard a dog barking. Fearing for his safety on account of the animal, he retreated, but returned when he discovered he had dropped a pair of sunglasses.

Ralph Dake, together with the barking dog, was inside his camper vehicle which was parked on the property. After having admonished O’Neil to leave the premises, Dake opened the door of the camper with a shotgun in hand. Following a brief interval, Dake fired the weapon at the ground as a warning shot. O’Neil was injured by the discharge.

O’Neil sued Dake and Gurrola (see fn. 1), asserting the latter was liable on the alternative theories of agency or negligence as the possessor of land obligated to guard…