Owens v. Kings Supermarket

In Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, the plaintiff was injured when a car rolled forward and crushed his legs against his car. The plaintiff alleged in two pleadings that he was injured in the public street adjacent to the premises of the defendant's supermarket. Only when it became apparent that this allegation was fatal to plaintiff's premises liability suit, did plaintiff amend his pleading to allege that the injury occurred on the defendant's premises. (Id. at p. 384.) The critical fact in Owens is that only one incident caused the plaintiff's injury. The incident either occurred on the public street or it occurred on the defendant's property; both could not be true.