Montes v. Young Men's Christian Assn. of Glendale, CA
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Plaintiffs’ son fell to his death from the steep, sloped roof of a residential building where he lived. The building was owned by Young Men’s Christian Association of Glendale, California (YMCA or Defendant). Plaintiffs’ son had been drinking and had eaten a marijuana brownie earlier, was feeling high, and had been acting erratically before the fall. The parties agree there was an “open and obvious risk” from the roof sloped at a steep angle and covered with brittle, broken, slippery and unstable Spanish tiles. They also agree there was no need for Plaintiffs’ son to be on the roof.
The trial court granted Defendant’s motion for summary judgment. The Second Appellate District affirmed. The court held under the circumstances Defendant owed no duty of care to Plaintiffs’ son, and his parents cannot prevail on their wrongful death claims based on premises liability and negligence. The court explained that Defendant owed no duty to do anything to protect Plaintiffs’ son from his voluntary, unnecessary, and uninvited risk taking.
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