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GOMEZ v. SUPERIOR COURT

No. B163651.

1 Cal.Rptr.3d 860 (2003)

110 Cal.App.4th 667

Johana GOMEZ, as Administrator, etc. Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The Walt Disney Company et al., Real Parties in Interest.

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

Review Granted November 12, 2003.

Attorney(s) appearing for the Case

Barry B. Novack, Beverly Hills, for Petitioner.

No appearance for Respondent.

Snell & Wilmer, Richard A. Derevan and Janet Hickson, Irvine, for Real Parties in Interest.

COOPER, P.J.

"Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry." (Civ.Code, § 2168.)1 The question we must decide is whether the operator of a certain amusement park ride is a common carrier under this definition.

We answer the question in the affirmative and grant a petition for writ of mandate challenging...

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