Martinez v. Pacific Bell

Opinion

PETERSON, J.

Appellant received severe injuries when he was shot by unknown persons during a robbery. He alleged the respondent telephone company was liable for his injuries, because the robbers were attracted to appellant’s neighborhood by a public telephone. The trial court dismissed appellant’s claims. In affirming, we will hold the telephone company is not vicariously liable for intentional torts committed by third party assailants, even though such torts occurred in the vicinity of—or might have some tangential connection to—a public telephone.

I. Facts and Procedural History

For the…