Sakai v. Massco Investments, LLCAnnotate this Case
An owner of a parking lot, who leases that space out to a mobile food vendor, was not, as a matter of policy, liable for all harm that occurs during the hours of operation of that vendor regardless of intervening acts by third parties. The Court of Appeal affirmed the trial court's grant of summary judgment to defendant in an action alleging negligence and premises liability after plaintiff was struck and then dragged by a vehicle exiting defendant's parking lot. The court held that defendant did not owe a duty to plaintiff where the conduct of the driver was not foreseeable or derivative of defendant's conduct in designing, leasing or operating the parking lot. In this case, neither plaintiff nor his wife anticipated or expected the driver of the vehicle to suddenly reverse his car out of the crowded parking lot and into the street at high speed while still in the midst of dealing with the first accident.