California, United States of America
The following excerpt is from Meyering By and Through Meyering v. General Motors Corp., 232 Cal.App.3d 1163, 275 Cal.Rptr. 346 (Cal. App. 1990):
The facts here do not present a similar issue. There is no suggestion that Meyering's juvenile assailants were intent on harming him, knew of the defective sunroof and deliberately took advantage of his vulnerability. It appears, rather, that the boys were engaged in reckless behavior--much as the drunk driver in Bigbee v. Pacific Tel. & Tel. Co., supra, 34 Cal.3d 49, 192 Cal.Rptr. 857, 665 P.2d 947--[232 Cal.App.3d 1172] likely with no intent to cause personal injury. There is certainly no superseding cause on these facts which can be resolved as a matter of law. 4
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