Annocki

Plaintiffs Eileen Annocki and Joseph Annocki appeal judgment of dismissal of their third amended complaint (TAC) for damages based on the death of their son Joseph M. Annocki. The trial court held that defendant Peterson Enterprises, LLC (defendant), had no duty to plaintiffs’ decedent, who was killed in an automobile accident by a patron leaving defendant’s restaurant. We reverse, finding that plaintiffs should be permitted to amend their complaint to allege additional facts.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Plaintiffs’ TAC

Plaintiffs are the parents of decedent Joseph M. Annocki. Defendant operates a restaurant known as Geoffrey’s in Malibu.

On March 16, 2011, at 8:45 p.m., plaintiffs’ decedent was operating a motorcycle on Pacific Coast Highway in Malibu when it collided with a vehicle operated by Terry Allen Turner. Turner was exiting the parking lot of Geoffrey’s.

The median of the roadway is lined with Qwik Kurb paddles (temporary traffic dividers) and the highway has a speed limit of 45 to 55 miles per hour. Plaintiffs allege that Turner was confused when exiting the parking lot and attempted to make a left-hand turn instead of a right-hand turn.…