Legal Opinion
Breaux v. Gino's, Inc.
California Court of Appeal
Decided March 21, 1984No. AO22534PublishedCited by 21 opinions
1Opinion of the Court
Opinion
BARRY-DEAL, J.
McNeal Breaux, Sr., appeals from a summary judgment for respondent Gino’s, Inc., in his action for the wrongful death of his wife. We affirm.
The undisputed facts are that the decedent choked while eating at a restaurant owned and operated by respondent. An assistant manager of the restaurant called for an ambulance as soon as he became aware that decedent was in distress. No one attempted to give first aid to decedent, who was alive when the ambulance arrived.
It is also undisputed that respondent complied with the provisions of Health and Safety Code section 28689 2 by…
2Cases cited6 opinions
- Borer v. American Airlines, Inc.California Supreme Court · 1977
- Marks v. WhitneyCalifornia Supreme Court · 1971
- Safeway Stores, Inc. v. Retail Clerks International Ass'nCalifornia Supreme Court · 1953
- Kingen v. WeyantCalifornia Court of Appeal · 1957
- People v. HenningCalifornia Court of Appeal · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sidney Lundy Claire Lundy v. Adamar of New Jersey, Inc., T/a Trop World, Defendant/third Party v. Dr. Domenic Frank Carlino, Individually Dr. Domenic Frank Carlino, a Professional Association, Third-PartyCourt of Appeals for the Third Circuit · 1994
- Delgado v. Trax Bar & GrillCalifornia Supreme Court · 2005
- LA FITNESS INTERNATIONAL, LLC. v. MayerDistrict Court of Appeal of Florida · 2008
- Lee v. GNLV CORP.Nevada Supreme Court · 2001
- Verdugo v. Target Corp.California Supreme Court · 2014
16 more not listed; retrieve them via the Exa API.