MARTINEZ v. PACIFIC BELL

Docket No. A047630.

225 Cal.App.3d 1557 (1990)

275 Cal. Rptr. 878

ALFONSO MARTINEZ, Plaintiff and Appellant, v. PACIFIC BELL, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

December 10, 1990.


Attorney(s) appearing for the Case

COUNSEL

Malcolm A. Smith for Plaintiff and Appellant.

Margaret deB. Brown, Sarah J. Diehl, Steven D. Rathfon and Gerard J. Donnellan for Defendant and Respondent.


OPINION

PETERSON, J.

Appellant received severe injuries when he was shot by unknown persons during a robbery. He alleged the respondent telephone company was liable for his injuries, because the robbers were attracted to appellant's neighborhood by a public telephone. The trial court dismissed appellant's claims. In affirming, we will hold the telephone company is not vicariously liable for intentional torts committed by third party...

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