The issue presented in this case is whether the San Francisco Giants was negligent when Janice Lewis was pushed and fell on the top of the metal bars during the parade. The San Francisco Giants Will be found negligence of San Francisco Giants breached the parade duty to its patrons and, as a result of that breach, Janice Lewis was injured.
McGarry v. Sax, 70 Cal. Rptr. 3d 519 - Cal: Court of Appeal, 3rd Appellate Dist. 2008
Those around him began grabbing for the skateboard. McGarry held it tight against himself but then fell to the ground. As other spectators attempted to wrest control of the skateboard, they stomped, trampled, pushed, and shoved McGarry, who ended up at the bottom of a pile of people. Eventually, another spectator took possession of the skateboard. After the pile broke up, McGarry lay on the ground, in pain and severely dazed.
Similarly in our case, the San Francisco Giants failed to protect and organize the crowd. Therefore the San
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Black Rock City, LLC, 175 Cal. App. 4th 650(2009)
The reviewing court held that the doctrine of primary assumption of risk applied to the activity engaged in by the attendee and therefore that the promoter owed him no duty of care to prevent the injuries he incurred as a result. The risk of injury to those who voluntarily decided to partake in the commemorative ritual at the festival was self-evident.
Janice Lewis was an invitee at the San Francisco Giants parade.
A business owner may have an affirmative duty to control the wrongful acts of third persons which threaten invitees where the San Francisco Giants has reasonable cause to anticipate such acts and the probability of injury resulting therefrom. Nevertheless, the fundamentals of breach of that duty and causation are customarily questions of fact for the jury's determination.
Hall v. Macco Corp., 198 Cal. App. 2d 415 (1961