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LOWRY v. CITY OF SAN DIEGO

No. 13-56141.

818 F.3d 840 (2016)

Sara LOWRY, Plaintiff-Appellant, v. CITY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2016.

Attorney(s) appearing for the Case

Jeffrey A. Lake , (argued), Nathan A. Shaman , (argued), Jeffrey A. Lake, A.P.C., San Diego, CA, for Plaintiff-Appellant.

Jan I. Goldsmith , City Attorney of San Diego, Daniel F. Bamberg , Assistant City Attorney, Stacy J. Plotkin-Wolff , Deputy City Attorney, (argued), San Diego, CA, for Defendant-Appellee.

Opinion by Judge TASHIMA; Dissent by Judge CLIFTON.

OPINION

After a night of drinking with her friends, Sara Lowry returned to her workplace and fell asleep on her office couch. She awoke a short while later and went to the bathroom, before returning to her couch and going back to sleep. Unfortunately for Lowry, during her trip to the bathroom, she accidentally triggered...

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