Wawanesa Mutual Ins. Co. v. Matlock

60 Cal. App. 4th 583 · California Court of Appeal · 1997

Facts

Timothy (17) bought cigarettes and gave a pack to Eric (15). While trespassing on a telephone pole storage facility, Timothy teased younger boys, who bumped Eric, causing him to drop a lit cigarette. This dropped cigarette started a fire, and Eric's insurer, Wawanesa, sued Timothy and his father for contribution.

Issue

Can Timothy be held liable for the fire damage caused by Eric dropping a cigarette, based on theories of negligence per se (for furnishing tobacco to a minor), ordinary negligence, or conspiracy/joint venture/trespass?

Holding

No, the appellate court reversed the trial court's judgment, finding Timothy not liable. The court concluded that the causal chain between Timothy's actions and the fire was too attenuated and unforeseeable.

Rule

Negligence per se requires the violated statute to be designed to protect against the type of harm that occurred. Ordinary negligence requires the harm to be reasonably foreseeable, and an attenuated chain of events breaks proximate causation. Conspiracy or joint venture requires an agreement to commit the wrongful act, and mere trespass does not create liability for all damage caused by a fellow trespasser.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.