Brymer v. Southern Pacific Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defining \fault\ as \[t]he intentional or negligent failure to maintain some standard of conduct when that failure results in harm to another person\
• explaining that the apportionment statute is designed to apportion damages among those who “breached a legal duty in the nature of a tort that is owed for the protection of the plaintiff, the breach of which is a proximate cause of his injury”
• referring to California, Colorado, and Florida as jurisdictions with “similar apportionment schemes”
• A landowner’s duty to protect invitees from third-party criminal attacks “extends only to foreseeable criminal acts.” (citation and punctuation omitted; emphasis in original)
• Gang attack at amusement park bus stop was reasonably foreseeable where the evidence showed there had been multiple incidents of gang disturbances in the amusement park and the attack on the victim started in the amusement park.
• gang attack at bus stop near amusement park was reasonably foreseeable where multiple incidents of gang disturbances at the amusement park — including a gang-related fight — had occurred in the past and where attack on victim began on amusement park property

Source: CourtListener parenthetical corpus (CC0).