Hawblitzel v. County of San Diego CA4/1
Ryan Hawblitzel, an autistic adult, was severely injured when his family's dog (the Dog) bit his face. When the Dog was adopted by Hawblitzel's parents just a month earlier, no one told them it had severely bitten someone else two weeks earlier.
Hawblitzel sued Labradors and Friends Dog Rescue Group, Inc. (Labradors and Friends), from whom his family obtained the Dog, and also the County of San Diego (County). Against the County, Hawblitzel alleged that a Department of Animal Services (Animal Services) employee, Lori Brown, knew the Dog was a "potentially dangerous and/or a vicious dog"—but negligently failed to warn Hawblitzel. The trial court sustained the County's demurrer, determining Hawblitzel failed to allege facts creating a "special relationship" between himself and Brown and, therefore, Brown had no duty to warn. Hawblitzel appeals from the resulting judgment dismissing the County. We affirm.
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