Anderson

Anderson v. City of Thousand Oaks

Caution
135 Cal. Rptr. 127·1976 Cal. App. LEXIS 2193·65 Cal. App. 3d 82
Court of Appeal of CaliforniaDecember 20, 1976Civ. 46217California3,732 words

Opinion

Opinion

Stephens, J.

Appellants Anderson and Clouse brought this action for the wrongful death of their son when the automobile in which he was riding failed to negotiate the curve of a road designed, constructed, and maintained by respondent City of Thousand Oaks. After responsive pleadings were filed, the city moved for summary judgment on the basis of several grounds of public entity immunity. Summary judgment was granted and the action was dismissed, whereupon appellant filed this appeal.

Facts

On the evening of November 4, 1972, appellants’ son, Dennis Michael Anderson, was riding as a passenger in an automobile which was proceeding northbound along Lynn Road, approaching a section of the road which curves to the left in a 65 degree arc before reaching the Ventura Freeway. The automobile failed to negotiate the curve at a point near the Green Meadow Drive intersection and ran off the road, causing the death of both Anderson and the driver of the car. At the time of this occurrence, Lynn Road had been open to the motoring public for just over one month, but the City of Thousand Oaks had not set up any caution signs or roadway striping of a type to warn northbound drivers proceeding at…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.