Padilla v. Bydalek

The following issues are raised on this appeal:

1. Does plaintiff’s complaint allege sufficient facts to constitute a cause of action in negligence ?

2. Assuming that the complaint states a cause of action in negligence, should the trial court have sustained the defendant’s demurrer on the grounds that, under the facts alleged, as a matter of public policy, the defendant should not be held liable?

Cause of action.

The first four allegations of plaintiff’s complaint are essentially devoted to the relationship between the parties and the events prior to the accident. Plaintiff was an adult employee…