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PEDEFERRI v. SEIDNER ENTERPRISES

No. B233542.

216 Cal.App.4th 359 (2013)

156 Cal. Rptr. 3d 673

ANTHONY PEDEFERRI et al., Plaintiffs and Respondents, v. SEIDNER ENTERPRISES et al., Defendants and Appellants, JEREMY WHITE, Defendant and Respondent.

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

May 15, 2013.

Attorney(s) appearing for the Case

Duane Morris, Paul J. Killion , Max H. Stern and Colleen A. Cassidy for Defendants and Appellants.

C. Michael Alder ; Myers, Widders, Gibson, Jones & Schneider, Erik B. Feingold ; Ferguson Case Orr Paterson and Wendy C. Lascher for Plaintiffs and Respondents.

Horvitz & Levy, Mitchell C. Tilner , Peder K. Batalden ; Law Offices of Kurt Boyd and Kurt Boyd for Defendant and Respondent.

OPINION

HOFFSTADT, J.* —

Does a commercial vendor owe a duty of care to persons on or near the roadway who are injured as a result of the vendor's negligence in loading and securing cargo in a vehicle in a way that distracts the vehicle's driver? Applying the controlling principles of California law, we conclude that such a duty exists and that a categorical "no duty" exception for vendors should not be created...

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