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Torts Keyed to Miller
Bigbee v. Pacific Tel. and Tel. Co.
Citation:34 Cal.3d 49, 665 P.2d 947 (1983)
Charles Bigbee (Plaintiff) was struck by a car while standing in a phone booth owed by Pacific Telephone and Telegraph Company (Defendant). Bigbee sued the defendant, asserting that the defendant was negligent when it decided to place the phone close to a busy roadway where drivers would speed. The 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.
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