Bigbee v. Pacific Telephone and Telegraph Co.
Supreme Court of California
665 P.2d 947 (1983)
Charles Bigbee (plaintiff) was badly hurt when a car swerved off the road and struck the phone booth he was using, which was owned by Pacific Telephone and Telegraph Company (Pacific) (defendant). Bigbee sued Pacific for negligence, arguing that Pacific had placed the booth too close to a busy street where cars might speed or lose control. Pacific moved for summary judgment, arguing that no reasonable jury could find that a car veering into the booth was foreseeable. The trial court agreed and granted summary judgment for Pacific. Bigbee appealed, arguing that foreseeability was a factual question for the jury.
Whether the foreseeability of a car crashing into a roadside phone booth is a question of fact for the jury rather than a question of law for the court.