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Soldano v. O'Daniels

California Court of Appeal, Fifth District
190 Cal. Rptr. 310, 141 Cal. App.3d 443 (Cal. Ct. App. 1983)


Facts

Dustin Soldano and his father Darrell Soldano were patrons of Happy Jack’s Saloon. Rudolph Villanueva threatened Darrell. Dustin ran to a nearby restaurant, the Circle Inn. Dustin told a Circle Inn employee that a man had been threatened at Happy Jack’s, then asked the employee to call the police or allow Dustin to call the police himself. The employee refused. Darrell was shot and killed at Happy Jack’s. Darrell’s estate (plaintiff) sued the Circle Inn for negligence. The Circle Inn argued that it had no duty to help an imperiled person unless Circle Inn created the peril. The trial court dismissed the case. Darrell’s estate appealed.

Rule of Law

Issue

Holding and Reasoning (Andreen, J.)

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