Brooks

This is an appeal from an order of dismissal after defendant’s motion for summary judgment was granted.

On April 9, 1985, plaintiff William Nathan Brooks, a minor, by and through his guardian ad litem, Elizabeth Brooks, filed a complaint alleging causes of action for personal injury caused by motor vehicle, premises liability, general negligence and products liability.

Plaintiff generally alleged that on May 6, 1984, Nathan Brooks, a minor, was injured when he “walked off the premises of the Villa Capri Apartment complex and began crossing Pacheco Road, at which time he was struck by a vehicle operated by John James Salter.” It was further alleged that Eugene Burger Management Corporation and Villa Capri Apartments, among others, owned and controlled the apartment complex located at 1000 Pacheco Road in Bakersfield.

The premises liability cause of action alleged the “premises were occupied by a substantial number of children yet the premises lacked adequate fencing or other structural confinement.”

The negligence cause of action alleged that “said premises lacked adequate fencing and other safeguards for children so as to proximately cause the injuries and damages…