California, United States of America
The following excerpt is from Charpentier v. Von Geldern, 191 Cal.App.3d 101, 236 Cal.Rptr. 233 (Cal. App. 1987):
5 Plaintiff alludes to Sprecher v. Adamson Companies (1981) 30 Cal.3d 358, 178 Cal.Rptr. 783, 636 P.2d 1121,in support of his assertion of liability. Sprecher is factually and legally inapposite. The court at page 372, 178 Cal.Rptr. 783, 636 P.2d 1121 stated, "It must also be emphasized that the liability imposed is for negligence." In this case, negligence is not asserted as a basis of liability.
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