Weber v. City Council

In Weber v. City Council (1973) 9 Cal.3d 950, it held constitutionally invalid a statute which denied workmen's compensation benefits to the illegitimate survivors of a workman killed on the job. That subdivisions (b) and (c) of Business and Professions Code section 2560.2 have created a favored class was anticipated in Vesely v. Sager: "Defendant's arguments that the question of civil liability for tavern keepers should be left to future legislative action is faulty in two respects. First, liability has been denied in cases such as the one before us solely because of the judicially created rule that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication. As demonstrated, supra, this rule is patently unsound and totally inconsistent with the principles of proximate cause established in other areas of negligence law. Other common law tort rules which were determined to be lacking in validity have been abrogated by this court , and there is no sound reason for retaining the common law rule presented in this case." ( Vesely v. Sager, supra, 5 Cal.3d 153, 166.)