Torts Keyed to Vetri
Bigbee v. Pacific Telephone and Telegraph Co.
Charles Bigbee (Plaintiff) was struck by a car while standing in a phone booth owed by Pacific Telephone and Telegraph Company (Defendant). Plaintiff sued Defendant asserting that Defendant was negligent when it decided to place the phone close to a busy roadway where drivers would speed. Defendant argued that there was no duty of care to Plaintiff because there was no way to foresee a car leaving the roadway and striking the phone booth while a person was inside. Trial court granted Defendant’s motion to dismiss. Plaintiff appealed and argued that the determination of whether there was a foreseeable harm was a question for the trier of fact.
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