Thomas

Thomas v. Stenberg

Good Law
142 Cal. Rptr. 3d 24·2012 Cal. App. LEXIS 631·206 Cal. App. 4th 654·2012 WL 1925657
Court of Appeal of CaliforniaMay 29, 2012No. A132431California5,331 words

Opinion

Lead Opinion

Dondero, J.

Plaintiff Nelson Thomas appeals from the judgment of nonsuit after the trial court entered its order granting the motion of defendants Erland L. Stenberg, Maryann Stenberg, and E Lazy S Land and Livestock, Inc. (collectively referred to herein as defendants), for nonsuit. Plaintiff claims the court erred in concluding defendants did not have a legal duty to take measures to protect him from the harm that occurred when the motorcycle upon which he was riding collided with a cow on a private road passing through defendants’ property. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On January 19, 2010, plaintiff filed a complaint against the Stenbergs, alleging causes of action for general negligence and premises liability. 1 *657 Plaintiff alleged that on April 24, 2008, a cow charged him while his motorcycle was stopped on a paved road located within the E Lazy S Ranch in Petaluma. He sustained injuries as a result of the impact. He claimed the accident was a proximate result of the defendants’ negligent failure to warn him “of the inherently dangerous animal which was not contained in a fenced area.”

On February 28, 2011, an amendment to the complaint was filed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.