CALIFORNIA SUPREME COURT GRANTS REVIEW IN MAJOR PREMISES LIABILITY CASE

On January 4, 2006, the California Supreme Court granted review of the premises liability issues raised in Castaneda v. Olsher, Case No. S138104.

Plaintiff was injured in a shootout between two rival gangs that occurred unexpectedly on defendant's property. At trial, plaintiff presented evidence that management knew and permitted suspected gang members to live on the premises. Plaintiff also presented evidence of drug sales, property damage, and one sexual assault that had previously occurred on the premises. Defendant successfully moved for a nonsuit based on the absence of duty and lack of evidence of causation. The Court of Appeal (4th District, Division 1) reversed, holding that plaintiff's injury was foreseeable because "violence is inherent to the gang lifestyle" and therefore any time there are gangs or a gang member on the premises, harm is foreseeable. The Court of Appeal did not deal with the causation issue, saying only that there was sufficient evidence to warrant a jury finding on whether plaintiff's proposed security measures could have prevented his injuries.

Horvitz & Levy LLP represents the defendants in this case. For additional information, please contact Barry Levy or Kim Nguyen at (818) 995-0800 or by e-mail to blevy@horvitzlevy.com or knguyen@horvitzlevy.com.

www.horvitzlevy.com

If you do not wish to continue to receive these informational bulletins, please e-mail jpaul@horvitzlevy.com with a subject line "UNSUBSCRIBE."