Legal Opinion
Nash v. Fifth Amendment
California Court of Appeal
Decided March 26, 1991No. A050250PublishedCited by 1 opinion
1Opinion of the Court
*1109Opinion
POCHÉ, Acting P. J .
A bar charters an excursion ship for the purpose of having a Halloween party. The ship is owned and operated by a common carrier. During the party a passenger is killed by a bullet fired from a handgun which struck the deck after falling from beneath the costume of another passenger who is a peace officer authorized to carry a concealed weapon while not on duty. The question presented is whether a duty of care was owed by the bar to the passenger. Our answer is no.
Background
Defendant the Fifth Amendment is a bar in Oakland, owned by Myra Gaudet, that sponsored a…
2Cases cited31 opinions
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Dillon v. LeggCalifornia Supreme Court · 1968
- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
- Davidson v. City of WestminsterCalifornia Supreme Court · 1982
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3Cited by1 opinion
- Nash v. Fifth AmendmentCalifornia Court of Appeal · 1991