Constance B. v. State Ex Rel. Department of Transportation

I concur in parts I and II, and in the result in part III of the majority opinion. I respectfully dissent from part IV, however, because the issue there addressed by the majority was not tendered by the State of California (State) in its motion for summary judgment and may not be resolved sua sponte in this court in favor of the moving party.

In part IV the majority consider and reject plaintiff’s contention, as pleaded in her complaint, that poor lighting at the Dunnigan rest stop was a proximate cause of the assault and her resulting injuries. However a careful reading of the State’s motion for summary judgment shows the State nowhere challenged plaintiff’s pleaded contention that poor lighting was a contributing cause of this unfortunate incident. Instead, in its moving papers the State relied solely on the theory it was not liable as a matter of law because the alleged injury “was not caused by a condition of the property that was within the intended scope of a public entity’s duty as contemplated by the Governmental [sz'c] Tort Claims Act.”

The State’s argument on the motion first contended inadequate lighting was not a dangerous condition of public property as a matter of…

Plaintiff, Constance B., appeals from a summary judgment in favor of defendant, State of California. The issue is whether, on the material facts presented below, the state may be held liable for failure to undertake security measures to protect plaintiff from a criminal assault at a state-owned highway roadside rest area. [1] The answer is no. We will affirm the judgment.

The Dunnigan rest stop on Interstate 5 was constructed in 1967 or 1968 from plans prepared by the State Department of Architecture at the site of a grove of eucalyptus trees. The restroom building is located approximately 15 yards east of the parking area. The north half of the building is the women's restroom and the entrance is at the northwest corner of the building. The area between the parking lot and the restroom building is dark, but the outside walls of the building are "well illuminated."

On September 10, 1979, at 12:30 a.m., plaintiff, while driving to Redding, stopped at the northbound Dunnigan facility. She walked from her car to the restroom building. As she approached the women's restroom, she saw Cameron Piles standing at the northeast corner of the building. He stared at…

Plaintiff, Constance B., appeals from a summary judgment in favor of defendant, State of California. The issue is whether, on the material facts presented below, the state may be held liable for failure to undertake security measures to protect plaintiff from a criminal assault at a *204 state-owned highway roadside rest area. 1 The answer is no. We will affirm the judgment.

Facts

The Dunnigan rest stop on Interstate 5 was constructed in 1967 or 1968 from plans prepared by the State Department of Architecture at the site of a grove of eucalyptus trees. The restroom building is located approximately 15 yards east of the parking area. The north half of the building is the women’s restroom and the entrance is at the northwest corner of the building. The area between the parking lot and the restroom building is dark, but the outside walls of the building are “well illuminated.”

On September 10, 1979, at 12:30 a.m., plaintiff, while driving to Red-ding, stopped at the northbound Dunnigan facility. She walked from her car to the restroom building. As she approached the women’s restroom, she saw Cameron Piles standing at the northeast corner of the building. He stared at her.…