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Singh v. East Bay Regional Park District

10/30/2002

theory, apparently, is that it therefore was foreseeable that the decedent's extended family would witness his death at the park, and also that those members of the decedent's extended family that were at the park were likely to have had an exceptionally close relationship with the decedent. That the park attracts families, or even extended families, hardly can be viewed as an exceptional circumstance. Moreover, the Supreme Court has made it clear that a member of an extended family is not entitled to recover on a bystander claim irrespective of the nature of that person's relationship with the injured person. In short, allegations that the District understood that extended families would use its facilities and took action to encourage that use, cannot establish exceptional circumstances permitting recovery against the District in the absence of the requisite relationship between appellants and the decedent.


The judgment is affirmed.


We concur:


Swager, J.


Margulies, J.






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