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Gibson v. Garcia

96 Cal. App. 2d 681 (1950)

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Gibson v. Garcia

California Court of Appeals
96 Cal. App. 2d 681 (1950)

RW

Facts

Los Angeles Transit Lines (defendant) operated an urban streetcar system. This operation required Los Angeles Transit Lines to set up wooden utility poles next to busy city streets. Paul Garcia (defendant) crashed his car into one such pole. The pole had been rotted by termites. The crash caused the pole to topple and strike Ada Gibson (plaintiff), who sustained injuries as a result. Gibson sued both Garcia and Los Angeles Transit Lines for negligence. As regards Los Angeles Transit Lines, Gibson alleged that the weakened pole’s proximity to busy car and pedestrian traffic made it reasonably foreseeable that passersby such as Gibson could be injured if the pole collapsed. The trial court found Garcia liable for damages but sustained Los Angeles Transit Lines’ demurrer. Gibson appealed to the California Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Shinn, J.)

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