City of Riverside v. RLI Insurance Co.

I. FACTUAL AND PROCEDURAL BACKGROUND

The present case arises from a tragic accident in which Ferial Harb was struck by a vehicle, driven by Brian Gene Bozarth III, while walking on or near a roadway in Riverside, California. Harb died from his injuries. A. The Harbs’s Complaint Ali Harb, Ibrahim Harb, and Lama Harb (collectively, the Harbs) filed a complaint against the City, the County of Riverside, the State of California, Brian Gene Bozarth III, and Melissa Bozarth, the owner of the vehicle (collectively, the Bozarths). The Harbs asserted causes of action for dangerous condition of public property against the City, county, and state; negligence against the Bozarths; wrongful death against all defendants; and recovery under Code of Civil Procedure section 377.34 et seq. against all defendants. As to the first cause of action for dangerous condition of public property, the Harbs alleged, in part, that the roadway where the accident occurred had been the site of numerous prior collisions; was unreasonably dangerous; lacked sufficient signs or signals; had inadequate visibility; and that the dangerous conditions were concealed. The Harbs incorporated these same allegations…