Jones

Plaintiff John Howard Rogers was injured in the San Diego Stadium parking lot when he went to the aid of a private patrolman who had been assaulted and knocked down by one of 53,000 fans leaving the stadium after a San Diego Charger football game. In this action for personal injuries, framed on the theory of negligent failure to control the crowd, a jury returned a verdict of $28,621 in his favor against the operator of the parking lot, Evan V. Jones Company, Inc. (Jones). The City of San Diego, the San Diego Chargers, Inc., and Tipton Patrol, Inc., originally named as defendants, had all been granted dismissals or nonsuits earlier in the proceedings. The assailant was also named as a defendant in the complaint, but he apparently was not served with process. The major problem presented on appeal is whether Jones, the parking lot operator, owed plaintiff a duty of care.

The stadium parking lot was designed, constructed and, at all times relevant, owned by the City of San Diego. At the time of Rogers’ injury, Jones was under contractual obligation to the city to “operate and manage” the parking facility, charging rates established by the city manager and paying the city…