Wins

Court of Appeal affirms summary judgment for GMSR’s City client, finding no dangerous condition of public property

A drunk driver collided with a boy crossing a marked crosswalk in Glendale.  The boy and his brother settled their claims against the driver and sued the City of Glendale, alleging that the crosswalk was a dangerous condition of public property.  The trial court granted the City’s motion for summary judgment, reasoning that Government Code section 830.4 sign immunity applied, and that the plaintiffs had failed to identify a dangerous condition of property.

The Court of Appeal affirmed summary judgment, agreeing with GMSR that the undisputed material facts and law did not support plaintiffs’ attempts to escape Government Code section 830.4’s application.  The Court held that there was no dangerous condition of public property and the drunk driver’s failure to exercise due care was the sole cause of the accident.

To read the Court of Appeal Opinion, click here:  L.S. v. City of Glendale (Nov. 21, 2023, B319602) 2023 WL 8046891 [Second District, Division One].