Court of Appeal reaffirms that businesses with perpendicular parking generally have no duty to protect against curb-jumping vehicles

Plaintiff was injured when a mall patron pulling into a parking space perpendicular to the curb pressed the accelerator instead of the brake, causing the vehicle to jump a concrete wheel-stop and the curb.  The Court of Appeal affirmed summary judgment for GMSR’s client, the shopping-mall owner.  It reaffirmed its holding from nearly 30 years ago that, absent prior similar incidents, a car jumping a curb while parking is unforeseeable, and hence, property owners owe no duty to protect against such an event.

In affirming summary judgment for the shopping mall owner, the Court of Appeal rejected the plaintiff’s extensive attempts to revisit this conclusion, including rejecting misleading expert statistics purporting to show that such incidents are common.

Click here to read the Court of Appeal Opinion:  Beaudreau v. Burnham USA Equities, Inc. et al. (Aug. 23, 2022, G059971) 2022 WL 3593351 [nonpublished opinion].

Today, following GMSR’s longtime tradition, we turned on the “Pink Light” to celebrate our clients’ win.