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Click here for the full text of this decision FACTS:Luis Chavez Jr. and Tony Cardoza, both members of The Young Ones street gang, drove by the home of Christian and Angel Garcia and other members of the Female Body Inspectors street gang, breaking windows of their cars. The gangs had a brief confrontation in the street, and later at a Circle K, during which time Edward “Palma” Olivares, of FBI, showed the others the gun he had with him. Chavez and Olivares agreed to have a six-on-six fight the next day. The TYO members, in planning for the fight, agreed that they would fight FBI members and members of the Barrio San Angel street gang anywhere they met them. Chavez sawed off the barrels of 12-gauge shotgun and a .22 caliber rifle. The next day, Jan. 24, 2001, Chavez and five others began driving around looking for FBI and BSA members, starting at a local high school. They eventually found Christian Garcia and other FBI and BSA members eating at a Sonic Drive-In restaurant. Chavez and Mauricio Rosales opened fire on the group, and Christian died from his injuries. Chavez admitted killing Christian in retaliation for the altercation the day before. He was convicted of murder and sentenced to 30 years in prison. Christian’s father sued Sonic for premises liability, alleging the restaurant’s failure to provide adequate security caused Christian’s death. Sonic filed traditional and no-evidence motions for summary judgment. It said it did not owe Christian a duty to protect him from criminal acts of third parties. Sonic said that from January 2000 to July 2000 there were two fights at the site, but both were relatively minor. The restaurant did not know of any gang activity on its premises, though some gang activity had occurred in a vacant lot next to Sonic. Sonic admitted it hired security guards in from July 2000 to October 2000, but that was to prevent kids from speeding and squealing their tires through the parking lot. When the behavior subsided, Sonic stopped using the security guards. Sonic also presented evidence from various school officials who had talked with Sonic about the fights that had occurred in the vacant lot, but Sonic managers denied knowing about any fight planned for the day of the shooting. The trial court granted Sonic’s motion without specifying its grounds. HOLDING:Affirmed. Citing Restatement (Second) of Torts �448, the court notes the factors that must be considered in determining whether an intervening force rises to the level of a superseding cause in analyzing proximate cause issues. Three of those factors are: 1. the fact that the intervening force brings about harm different in kind from that which would otherwise have resulted from the actor’s negligence; 2. the fact that the intervening force’s operation or the consequences thereof appear after the event to be extraordinary rather than normal in view of the circumstances existing at the time of the force’s operation; and 3. the fact that the intervening force is operating independently of any situation created by the actor’s negligence, or, on the other hand, is or is not a normal result of such a situation. Considering those three factors in this case, the court finds that Chavez’s intervening act did not bring about the kind of harm that would otherwise have resulted from Sonic’s alleged negligent failure to provide adequate security. Chavez’s conduct was deliberate, targeted and retaliatory. Further, the evidence showed that the TYO members would have fought the other gang members no matter where they found them; it just happened to be at Sonic. The court says that the remaining factors for consideration under �448 focus on the third party’s wrongful conduct and culpability, and all support the conclusion that the TYO gang members’ criminal conduct was a superseding cause of Christian’s death. OPINION:McClure, J.; Barajas, C.J., McClure and Parks, J.J.

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