Weekly Law Resume - October 13, 2011: Dangerous Condition of Public Property Requires that Physical Condition of the Property Contribute to the Injury


Jose Salas, et al. v. California Department of Transportation Court of Appeal, Third District (August 29, 2011)

This case examines what a plaintiff must prove when alleging that an intersection or roadway constitutes a dangerous condition.

At approximately 7:00 a.m. on October 21, 2006, pedestrian Paula Salas was hit by a car while crossing State Route 12 at an intersection. At the moment she was hit, Salas was slightly outside the crosswalk. She later died from her injuries.

Salas' family and Estate subsequently filed a wrongful-death and survivor action against the California Department of Transportation (Caltrans), alleging "dangerous condition of public property" pursuant to Government Code Section 835. Plaintiffs premised their dangerous condition argument on improper signage, improper crosswalk placement, lack of traffic signals or safety devices, and lack of traffic enforcement. Caltrans moved for summary judgment on the basis that: (1) no physical aspect of the crosswalk caused the incident; and (2) there were no prior pedestrian/vehicle incidents at the crosswalk. Each side submitted declarations and the trial court sustained most of Caltrans' objections to one of the declarations supporting Plaintiffs' opposition. Ultimately, the trial court granted the motion filed by Caltrans, finding the intersection did not constitute a dangerous condition. Plaintiffs appealed. The Third District affirmed.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Low, Ball & Lynch | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.