King v. El Paraiso Del Pacifico, Inc.

Plaintiff, who was injured after a car drove through the wall and front entrance of a restaurant where plaintiff was a patron, filed a lawsuit against the owner and operator of the restaurant alleging negligence relating to the position of parking and failure to provide protective barriers. The trial court granted summary judgment in favor of the defendant and plaintiff appealed. The appellate court reversed and remanded, finding defendant had a duty to protect its business invitees from the foreseeable negligent acts of third parties and that there was a triable issue of fact on the element of proximate cause. (McLAREN and JORGENSEN, concurring)