Sykes

Plaintiff appeals from judgment of the Superior Court of Marin County in favor of defendants.

Questions Presented

Does the maintenance without lights of an area as a parking lot by a school district or a county constitute a dangerous condition of the property under the Government Code so as to make the public entities liable to a parker injured by robbers?

Record

Plaintiff filed in the Marin County Superior Court a complaint against defendants County of Marin and Sausalito School District for damages for personal injuries received on Manzanita School premises due to alleged maintenance of a dangerous condition of the premises and alleged failure of defendants to warn plaintiff of dangers so as to protect him from persons of violent proclivities. Defendants answered generally denying the allegations of the complaint, alleging contributory negligence, assumption of risk, and alleging immunity under certain sections of the Government Code hereinafter discussed. Defendants’ motion for summary judgment was denied. After opening statement by plaintiff’s counsel was made and testimony of some of plaintiff’s witnesses was taken, the court granted defendants’ motion for…