Cantor
Cantor v. Anderson
Opinion
Opinion
Blease, J.
Plaintiff, Doris Cantor, appeals from a judgment of dismissal entered after the trial court sustained defendants’, Michael J. Anderson and Laureen Anderson, demurrer without leave to amend. We consider whether the recent amendments to Civil Code section 1714, which inter alia abrogate the rule of Coulter v. Superior Court (1978) 21 Cal.3d 144 [ 145 Cal.Rptr. 534 , 545 P.2d 249 ], preclude a common law action predicated upon injuries concurrently caused by the foreseeable effect of alcohol upon a person possessed of an exceptional mental or physical Condition. We conclude that they do not. We reverse the trial court’s decision which bars plaintiff from attempting to state a claim for liability not affected by the amendments.
Facts
The facts alleged in the complaint, which we accept for purposes of the appeal, are as follows: Plaintiff, who maintains a home for developmentally disabled persons, was injured by Edward M., a developmentally disabled resident of the home, after he consumed alcoholic beverages and attacked her. Plaintiff alleges defendants, who are neighbors of plaintiff, served alcoholic beverages to Edward and did so with full knowledge of his disability. As…