Annocki v. Peterson Enters., LLCAnnotate this Case
Defendant operates Geoffrey’s restaurant in Malibu. Decedent was operating a motorcycle on Pacific Coast Highway when it collided with a vehicle operated by Turner. Turner was exiting the Geoffrey’s parking lot. The median of the roadway is lined with temporary traffic dividers and the highway has a speed limit of 45-55 mph. Plaintiffs allege that Turner was confused and attempted to make a left turn instead of a right turn. Plaintiffs allege that defendant failed to adequately staff the parking lot; the parking lot had only one attendant on duty. No one was present to assist Turner in exiting the parking lot. Plaintiffs alleged that defendant should have known that its parking lot and driveway were designed and in such condition as to create a danger of decreased visibility and that patrons had difficulty exiting the parking lot, but failed to provide adequate signage. The trial court dismissed. The court of appeal reversed, finding that plaintiffs should be permitted to amend their complaint to allege additional facts to establish that although defendants could not control conditions on the highway, defendants had a duty to warn patrons leaving the restaurant that only a right turn was safe.