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24<br />
1<br />
THE COURT: Okay. Let me pull out my highlighted<br />
2 copy of Miller here again. I have to ask you a question.<br />
3 You read Miller more recently by wager. I am reading from<br />
4 headnote seven of Miller, left-hand column towards the<br />
5 bottom, page six. "In the instant case, the county did<br />
6 not create a special tort duty by placing Miller within a<br />
7 zone of risk. Miller was on a public street waiting for a<br />
8 bus. The county had no duty to post a law enforcement or<br />
9 security enforcement at the bus stop or to employee other<br />
10 security measures to protect citizens against law<br />
11 violations." It seems a little factually distinguishable<br />
12 from the facts here.<br />
13 MR. JAVIER: They are suggesting by the facts<br />
14 that that sidewalk where the bus stop was, was not transit<br />
15 property. Here we have an issue of whether or not it was<br />
16 transit property, but we have still the public duty<br />
17 exception that says that they need to be owed a specific<br />
18 duty. That specific duty attaching if he's a patron. To<br />
19 become a patron, you have to pay their fare.<br />
20 THE COURT: Are you arguing for 50 States now or<br />
21 the county?<br />
22 MR. JAVIER: This is how the public duty<br />
23 exception would apply and they would be able to get --<br />
24 with a duty specifically owed to him. That's not the case<br />
25 because he didn't pay his fair. But then if you go to the
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