Klean W. Hollywood, LLC v. Superior Court

Real party filed suit against Klean, a voluntary drug abuse treatment facility, alleging that Klean was negligent for the injuries he suffered after smuggling heroin into his room and injecting it late one night. The Court of Appeal granted Klean's petition for writ of mandate after the trial court denied its motion for summary judgment. The court held that the Drug Dealer Liability Act did not preclude a user of an illegal controlled substance subject to the Act from pursuing a common law claim. Nonetheless, the court held that there was no basis in common law to impose liability on Klean, the unlocked drug treatment facility real party voluntarily entered, for failing to prevent him from consuming drugs he smuggled into the facility. The court also held that the undisputed facts established that Klean was not negligent in failing to discover real party earlier, in order to seek medical treatment for him. View "Klean W. Hollywood, LLC v. Superior Court" on Justia Law