Wednesday, October 16, 2019

"Tort law incorporates common sense."

Justice Wiley continues his clever writing campaign today here in a 4-page published opinion that begins and ends like this:

    Image result for bollard
  • The rule deciding this case is look where you are going. In broad daylight, Cynthia Dobbs walked into a round concrete pillar. It was 17.5 inches wide and 17.5 inches tall. A field of these unpainted pillars, also called bollards, protects the Los Angeles Convention Center from car bombs. They are the height of your average coffee table. Dobbs walked into one of them and sued the City of Los Angeles because it allegedly created a dangerous condition that caused her to trip and fall. The trial court granted summary judgment against her. We affirm.
  • Tort law incorporates common sense. When one walks into a concrete pillar that is big and obvious, the fault is one’s own.