Bassett

Bassett v. Lakeside Inn, Inc.

Good Law
140 Cal. App. 4th 863·2006 Cal. App. LEXIS 916·2006 Daily Journal DAR 7904·44 Cal. Rptr. 3d 827·2006 Cal. Daily Op. Serv. 5545
Court of Appeal of CaliforniaJune 21, 2006C050514California3,036 words

Opinion

Opinion

Morrison, J.

After their daughter was killed by a drunk driver while crossing the street on her way to school, plaintiffs Robert C. and Teddi Bassett brought suit against the driver and two other individuals and numerous entities for wrongful death. They appeal from a judgment of dismissal after the trial court sustained the demurrers of defendants Lakeside Inn, Peter Douthitt, Lee Smith, and Lake Tahoe Unified School District (the District) without leave to amend. The Bassetts contend Lakeside Inn and security guards Douthitt and Smith contributed tortiously to the accident because they had assumed a duty to protect patrons of the Lakeside Inn and the public and they breached that duty by escorting an obviously drunk patron to his car and allowing him to drive off. The Bassetts contend the District had liability because it designated a schoolbus stop in a dangerous intersection. We agree with the trial court that Lakeside Inn and its employees had no duty to the Bassetts’ daughter, and that the District has immunity under Education Code section 44808 because the accident occurred off campus and outside the supervision of the District. We affirm the judgment.

FACTUAL AND PROCEDURAL…

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