Legal Opinion · Dissent

Hamilton v. Gage Bowl, Inc.

California Court of Appeal

Decided June 4, 1992No. B055904Published

1DissentJohnson, J.

I respectfully dissent. I believe Gage Bowl had a duty to inspect the sign and the judgment of nonsuit should be reversed.

The majority correctly cites the following rule as stated in Schwartz: “An invitor may be liable for an injury, whether it occurs on his property or on a common passageway or on an adjacent sidewalk or street being used for his special benefit, if, and only if, the injury is caused by a dangerous condition, or unreasonable risk of harm, within the invitor’s control.” (Italics added.) (Schwartz v. Helms Bakery Limited (1967) 67 Cal.2d 232, 243, fn. 10 [60 Cal.Rptr. 510, 430…

2Cases cited11 opinions

  1. Hatfield v. Levy BrothersCalifornia Supreme Court · 1941
  2. Austin v. Riverside Portland Cement Co.California Supreme Court · 1955
  3. Schwartz v. Helms Bakery LimitedCalifornia Supreme Court · 1967
  4. Louie v. Hagstrom's Food Stores, Inc.California Court of Appeal · 1947
  5. Kafka v. BozioCalifornia Supreme Court · 1923

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