Coyle

Coyle v. Historic Mission Inn Corp.

Good Law
234 Cal. Rptr. 3d 330·24 Cal. App. 5th 627
Court of Appeal of CaliforniaJune 15, 2018E066265California7,558 words

Opinion

lead Opinion

MILLER Acting P. J.

*631 Plaintiff and appellant Michele Coyle sued defendant and respondent Historic Mission Inn Corporation (the Mission Inn) for negligence and premises liability. The trial court granted the Mission Inn's motion for summary judgment. (Code Civ. Proc., § 473c.) Coyle contends the trial court erred by granting the motion for summary judgment. We reverse the order granting summary judgment.

FACTUAL AND PROCEDURAL HISTORY

A. COMPLAINT

The facts in this paragraph are taken from the allegations in Coyle's complaint. On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the Mission Inn. During lunch, a spider bit Coyle's back. As a result of the spider bite, Coyle "was hospitalized with numbness and weakness in her extremities due to demyelination in [her] thoracic spine."

In the negligence and premises liability causes of action, Coyle alleged the Mission Inn "knew or should of known that spiders *334 were prevalent in the outside patio area of its restaurants." Coyle asserted the Mission Inn was aware or should have been aware of the risk the spiders posed to patrons. Coyle alleged the Mission Inn was negligent in failing to warn of the…

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