Torres

INTRODUCTION

Jerry Torres was a customer in a FedEx Office and Print Services, Inc. (FedEx) store when he was almost hit by a car that crashed into the storefront after the driver mistakenly hit the gas pedal instead of the brakes. He sued the FedEx store and the property owner Gershman Properties, LLC (Gershman Properties) (together, defendants), for general negligence and premises liability, asserting the accident was foreseeable and preventable with additional protective barriers, like bollards. Relying on Jefferson v. Qwik Korner Market, Inc. (1994) 28 Cal.App.4th 990 (Qwik Korner), the trial court concluded the defendants owed no duty to Torres, as a matter of law, to erect additional barriers on the property as the accident was not reasonably foreseeable. Consequently, the court sustained defendants’ demurrer without leave to amend and entered a judgment of dismissal. We reverse the judgment. Considering the liberal rules of pleading, and assuming the truth of the pertinent allegations for purposes of de novo review, we conclude that Torres stated the basic elements of his premises liability and negligence claims. His complaint did not establish all of the facts that Qwik…