Owens

Robert J.Owens appeals from an order dismissing the action following the sustaining of Kings Supermarket’s demurrer to Owens’s second amended complaint. The only issue on appeal is whether the trial court erred as a matter of law in holding that a supermarket owes no duty to a customer injured by the negligence of a third party on public streets adjacent to the premises.

On January 1, 1984, plaintiff double-parked his car in the traffic lane in front of Kings Supermarket located at 751 Webster Street in San Francisco. Plaintiff exited his car for the purpose of buying a newspaper at the market. Plaintiff was injured when a car owned and operated by Lula and Earnest Butler rolled forward and crushed plaintiff’s legs against his car.

Plaintiff filed the initial complaint in this action on April 30, 1984. The complaint alleged that Kings Supermarket was in the possession and control of “certain premises, located at 751 Webster Street, City and County of San Francisco, State of California, known and described as a grocery market.” The complaint further alleged that there was a roadway adjacent to the sidewalk at the front of Kings Supermarket that was used as a parking area…