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MORRIS v. DE LA TORRE

No. D040278.

4 Cal.Rptr.3d 568 (2003)

Charles E. MORRIS, IV, Plaintiff and Appellant, v. Silvino DE LA TORRE, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

As Modified September 12, 2003.

Review Granted December 10, 2003.

Attorney(s) appearing for the Case

Estey & Bomberger and Stephen J. Estey, for Plaintiff and Appellant.

Clements & Knock and Thomas V. Clements, La Mesa, Debra A. Stevens, San Diego, and Michael M. Linley for Defendant and Respondent.

HALLER, J.

Charles Morris filed a negligence action against Silvino De La Torre, the owner of a taco shop, arising from the criminal conduct of a gang member who seized a knife from the shop's kitchen and used it to stab Morris while Morris was in the parking lot in front of the shop. The trial court granted summary judgment in De La Torre's favor, finding the incident was not sufficiently foreseeable to impose a duty...

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