Portillo

Portillo v. Aiassa

Good Law
1994 Cal. App. LEXIS 870·27 Cal. App. 4th 1128·32 Cal. Rptr. 2d 755·94 Daily Journal DAR 12082
Court of Appeal of CaliforniaAugust 25, 1994H011231California3,416 words

Opinion

Opinion

Mihara, J.

Respondent Anthony Portillo was attacked and seriously injured by a dog. He brought an action against the dog’s owner, John Kim, and the owner’s landlord, appellant Henry Aiassa. After the jury rendered a verdict in favor of respondent, appellant filed the instant appeal. He contends the trial court erred in its jury instructions on a landlord’s duty of care. We hold that a landlord has a duty to exercise reasonable care in the inspection of his commercial property and to remove a dangerous condition, which includes a dog, from the premises, if he knew, or in the exercise of reasonable care would have known, the dog was dangerous and usually present on the premises. Accordingly, the judgment is affirmed.

Statement of Facts

On June 21,1989, respondent delivered beer to Race Street Liquors. As he was leaving the store, he was attacked by a German shepherd dog owned by the tenant, Mr. Kim, doing business as Race Street Liquors. Respondent sustained severe injuries as a result of the attack. The dog’s bite lacerated respondent’s scrotum and caused him to fall. As a result of the fall, respondent injured his knee and back.

Appellant owned the building in which the attack…

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