Martinez

Appellant received severe injuries when he was shot by unknown persons during a robbery. He alleged the respondent telephone company was liable for his injuries, because the robbers were attracted to appellant’s neighborhood by a public telephone. The trial court dismissed appellant’s claims. In affirming, we will hold the telephone company is not vicariously liable for intentional torts committed by third party assailants, even though such torts occurred in the vicinity of—or might have some tangential connection to—a public telephone.

I. Facts and Procedural History

For the purposes of this appeal, following a judgment of dismissal after the sustaining of a demurrer, we assume the truth of the facts pleaded in the complaint.

Appellant is the operator of a parking lot in Berkeley, and works on the premises. Respondent Pacific Bell (Pac Bell) and another entity, East Bay Pay Phone Company (East Bay), each placed a public telephone nearby, on a public sidewalk about 20 feet away from a parking attendant’s booth which was used by appellant when operating the parking lot.

The area allegedly became a haunt of undesirables. Appellant alleged “the telephones attracted large…