HARRIS v. OAKS SHOPPING CENTER

No. CIV B118168.

82 Cal.Rptr.2d 523 (1999)

70 Cal.App.4th 206

Robert HARRIS, Plaintiff and Appellant, v. OAKS SHOPPING CENTER et al. Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

February 23, 1999.


Attorney(s) appearing for the Case

Allean & Pappas, James G. Allen and Diane Pappas, Thousand Oaks, for Plaintiff and Appellant.

Coleman & Wright, John M. Coleman and Kenneth K. Tanji, Jr., Los Angeles, for Defendants and Respondents.


ON REHEARING

GILBERT, Acting P.J.

A man believes that a large sand sculpture is about to fall and injure customers at a shopping mall. He injures himself while leaping over a nearly four-feet high booth door to render assistance to customers. The sand sculpture does not fall.

To recover in negligence, plaintiff need not show the harm was real and imminent, but only that he reasonably perceived the sand sculpture would fall.

Robert Harris...

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