Vasilenko

Vasilenko v. Grace Family Church

Good Law
224 Cal. Rptr. 3d 846·3 Cal. 5th 1077·404 P.3d 1196
Supreme Court of CaliforniaNovember 13, 2017S235412California2,180 words

Opinion

lead Opinion

Even if Bonanno can inform the duty question here, our discussion of Seaber and Schwartz in that case makes clear that the key consideration in Bonanno -the mobile nature of the bus stop-is not present in this case. We explained that the bus stop in Bonanno easily could have been moved to a less dangerous location, an option not available to the hotel in Seaber .

*1094 ( Bonanno , supra , 30 Cal.4th at p. 152 , 132 Cal.Rptr.2d 341 , 65 P.3d 807 .) We found that the bus stop was more like the bakery truck belonging to the defendant street vendor in Schwartz , who owed a duty to a child patron injured while crossing the street to reach the truck. Because the vendor could choose where it did business, we reasoned, it could choose the avenues of approach to the truck. (See Schwartz , supra , 67 Cal.2d at pp. 242-243 & fn. 10, 60 Cal.Rptr. 510 , 430 P.2d 68 .) In this regard, the bus stop in Bonanno was also like the phone booth at issue in Bigbee , where we said in dicta that a telephone company likely owed a duty to patrons to exercise reasonable care in deciding where to place its phone booths on a public street. ( Bigbee , supra , 34 Cal.3d at p. 55, fn. 8, 192 Cal.Rptr. 857 , 665…

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