Capolungo
Capolungo v. Bondi
Opinion
Opinion
Smith, J.
Lorraine Capolungo timely appeals from a grant of summary judgment entered in favor of Alvin A. Bondi, a defendant in this action brought by Capolungo to recover for injuries she sustained in a bicycle accident allegedly caused in part by Bondi’s negligence in leaving his car parked too long in a yellow-curb loading zone. She contends that summary judgment was improper because Bondi’s violation of a local parking ordinance raised triable issues of fact on a theory of negligence per se. We will affirm.
Background
The material facts of the accident, drawn here primarily from the record on the motion and the parties’ settled statement on appeal, are undisputed. Appellant was riding her bicycle southbound on Healdsburg Avenue in Santa Rosa at about 4:15 p.m. on February 23, 1983. She was riding in the lane closest to the curb, about one car width from the curb, as she neared respondent’s car parked in a yellow zone in front of his insurance business at 631 Healdsburg Avenue. Appellant swerved about one foot to the left to clear the parked car and, as she did, was struck by a passing car driven by Larry L. Blanchard. She was thrown from the bicycle and sustained soft tissue…