Bigbee v. Pacific Telephone & Telegraph Co.

Opinion

BIRD, C. J.

This appeal questions the correctness of a summary judgment entered in favor of four defendants in this personal injury action. The determinative issue is whether, under the evidence presented on the motion, foreseeability remains a question of fact for the jury. (See Weirum v. RKO General, Inc. (1975) 15 Cal.3d 40, 46 [123 Cal.Rptr. 468, 539 P.2d 36].)

I

On November 2, 1974, plaintiff, Charles Bigbee, was severely injured when an automobile driven by Leona North Roberts struck the telephone booth in which he was standing. Plaintiff thereafter brought an action for damages…