DE VILLERS v. COUNTY OF SAN DIEGO

No. D048974.

67 Cal.Rptr.3d 253 (2007)

156 Cal.App.4th 238

Marie DE VILLERS et al., Plaintiffs and Respondents, v. COUNTY OF SAN DIEGO, Defendant and Appellant.

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

October 19, 2007.


Attorney(s) appearing for the Case

John J. Sansone, County Counsel, and Deborah A. McCarthy, Senior Deputy County Counsel, for Defendant and Appellant.

Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Defendant and Appellant.

The John Gomez Law Firm, John H. Gomez, San Diego; Sullivan, Hill, Lewin, Rez & Engel, Candace M. Carroll, San Diego, and Suzanne M. Davidson, Glendale, for Plaintiffs and Respondents.


McDONALD, Acting P.J.

Kristin Rossum (Rossum) took toxic materials from her employer, the County of San Diego (County), and used them to murder her husband, Greg de Villers (de Villers). The trial court ruled County could be liable in wrongful death damages for de Villers's death. The jury awarded damages against County. We reverse.

I

FACTUAL BACKGROUND...

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