Lubner v. City of Los Angeles

Opinion

NOTT, J.

In a factual scenario that seems to have been taken from a law school hypothetical, two artists lost much of their life work after a city trash truck parked at the top of a hill rolled down and crashed into their home, damaging the house, two cars and their artwork, which included paintings, drawings, prints and posters. We are asked to permit the artists, Martin and Lorraine Lubner, to recover damages based on either loss of reputation or emotional distress. Even though we sympathize with appellants, established law does not permit us to recognize the type of damages they seek.