Earlier this month, the state’s supreme court issued a written opinion in a California premises liability case brought by a man who was seriously injured as he was crossing the road from an off-site parking lot to the defendant church. The case required the court to determine whether the church owed the plaintiff a duty of care to prevent the type of injury he sustained. Ultimately, the court concluded that the church did not owe the plaintiff a duty.
The Facts of the Case
The plaintiff was planning on attending an evening service at the defendant church. As the plaintiff arrived at the church, he was directed to an overflow parking lot across a five-lane highway. When he pulled into the parking lot, he found a parking spot and exited his vehicle.
The plaintiff needed to cross the street to get to the church. However, the parking attendant did not tell the plaintiff that the church had volunteers stationed at the intersection about 100 feet away. Rather than walk to the nearest intersection, the plaintiff attempted to cross the street mid-block. As he was navigating the five-lane highway, he was struck by a passing motorist.