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Morris v. 2212 Cahuenga Ltd.

12/28/2001

nto apartment 306 this way, and Morris would not have fallen. We find the connection between the defective installation of the doors and Morris' fall from the balcony ledge to be too tenuous to form the basis for imposition of a duty of care.


" court's task-in determining `duty'-is not to decide whether a particular plaintiff's injury was reasonably foreseeable in light of a particular defendant's conduct, but rather to evaluate more generally whether the category of negligent conduct at issue is sufficiently likely to result in the kind of harm experienced that liability may appropriately be imposed on the negligent party." (Ballard v. Uribe (1986) 41 Cal.3d 564, 573, fn. 6.)


In our view, the category of negligent conduct here-failure to remedy the defective installation of sliding glass doors on balconies-is not sufficiently likely to result in the kind of harm experienced in this case-falling off a balcony ledge-to warrant imposition of liability on respondents.


DISPOSITION


We affirm the summary judgment.


NOT FOR PUBLICATION.


We concur:


BOREN


NOTT




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