Brunelle

Plaintiff David Brunelle has appealed from a judgment entered following the trial court’s granting of defendant’s (Anthony Signore’s) motion for summary judgment. On appeal, plaintiff contends that the trial court abused its discretion in granting summary judgment in favor of defendant. He argues that the questions of foreseeability and reasonableness of defendant’s actions are questions of fact for the jury to decide. After consideration of the factors discussed in Rowland v. Christian (1968) 69 Cal.2d 108 [ 70 Cal.Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ], we have determined that defendant owed no duty of care to plaintiff to prevent his injury as a result of a spider bite, where (1) as a matter of law, injury to the plaintiff was unforeseeable by defendant, owner of a private residence; (2) the burden to the homeowner of preventing injury would be great; and (3) the task of defining the scope of the duty and the measures required of the homeowners would be extremely difficult. Therefore, we shall affirm the judgment.

Facts and Procedural History

In September 1986, plaintiff spent the weekend at defendant’s vacation home in Cathedral City, a structure which abutted…