Legal Opinion
Padilla v. Rodas
California Court of Appeal
Decided February 29, 2008No. B195284PublishedCited by 11 opinions
1Opinion of the Court
Opinion
MALLANO, Acting P. J.
In this case of first impression, a two-year-old child drowned in the backyard pool of the homeowners when his parent left him unattended for about five minutes. The parent brought an action for wrongful death and a survival action for negligence against the homeowners, asserting two theories of liability: negligent supervision and premises liability based on an allegedly defective gate. The trial court granted the homeowners’ summary judgment motion on the grounds that (1) they owed no duty, and breached no duty, of supervision, and (2) the parent could not…
2Cases cited15 opinions
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Saelzler v. Advanced Group 400California Supreme Court · 2001
- United States Liability Insurance v. Haidinger-Hayes, Inc.California Supreme Court · 1970
- Kahn v. East Side Union High School DistrictCalifornia Supreme Court · 2003
- Wiener v. Southcoast Childcare Centers, Inc.California Supreme Court · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Miranda v. Bomel Construction Co.California Court of Appeal · 2010
- YKA Industries, Inc. v. Redevelopment Agency of City of San JoseCalifornia Court of Appeal · 2009
- Carrera v. Maurice J. Sopp & SonCalifornia Court of Appeal · 2009
- Taylor v. Trimble, California Court of Appeal, 5th District2017
- The People v. WilliamsCalifornia Court of Appeal · 2013
6 more not listed; retrieve them via the Exa API.