Lewis

Background

This is an appeal from a judgment entered on May 19, 1981, in favor of respondent the City of Los Angeles (hereinafter City) in an action for personal injuries instituted by appellant Wakking L. Lewis, a minor, by and through his guardian ad litem, Margie Lewis.

On November 8, 1975, appellant was struck and seriously injured by a motorist while he was crossing the intersection at Santa Barbara and Walton Avenue. When appellant was struck he was walking inside a crosswalk which was demarcated in white.

The theory of liability set forth in the complaint is that the crosswalk, owned and maintained by the City, constituted a “concealed trap due to the heavy traf fic flow on Santa Barbara Avenue and the fact that there was no traffic signal light regulating said mid-block crosswalk.” At trial, however, appellant’s theory of liability rested solely upon the proposition that Government Code section 815.6 and Vehicle Code section 21368 imposed a mandatory duty upon the City to provide a yellow crosswalk rather than the white one used by appellant.

Together, Government Code section 815.6 and Vehicle Code section 21368 provide that the City is liable for any injuries…