Bunker

I dissent.

A public entity is not liable for injury to persons except as provided by statute. (Gov. Code, § 815.) 1 Statutory liability is imposed for injury resulting from the public entity’s creation, or its failure to warn, of a “dangerous condition” on or near its property. (§ 835.) However, the “dangerous condition” does not include property which is safe when *330 used in a reasonably foreseeable manner with due care and is dangerous only if used without due care. (§ 830.) Moreover, even when property is used with due care, a minor risk of injury does not create liability. The risk must be substantial. (§ 830.)

There was no substantial evidence that there was a dangerous condition or that the city failed to warn of such condition and that such failure was the proximate cause of the accident here. The city was entitled to a directed verdict in its favor.

Admittedly, disputed issues regarding dangerous conditions (including the degree of risk and exposure of harm to those using care) usually present questions of fact and therefore are for the jury to decide. (Cameron v. State of California (1972) 7 Cal.3d 318 [ 102 Cal.Rptr. 305 , 497 P.2d 777 ]; Harland v. State of…

Defendant City of Glendale appeals a judgment in fa: vor of plaintiff Cary Lee Bunker in an action for personal injuries and property damage.

At 10 p.m. on August 5, 1972, Bunker was riding his motorcycle up a steep hill on Adams Street in Glendale. As Bunker was approaching the top of the hill, Lillie Minor was backing her vehicle out of a driveway on the far side of the hill 55 feet below the crest. Because of the steepness of the hill of the grade, Bunker was unable to see Minor’s vehicle until he reached the top of the hill, at which time he was traveling 25 to 30 miles per hour. At that speed he was unable to stop in sufficient time to avoid a collision with Minor’s vehicle. The posted speed limit on Adams Street was 25 miles per hour. However, approximately 500 feet before the crest of the hill there was a sign which advised motorists to “Slow To 15 Miles an Hour.”

Bunker later commenced this action against the City of Glendale and Lillie Minor. Minor settled with Bunker prior to trial. City’s motion for summary judgment on the ground it was immune from liability was denied. (Gov. Code, §§ 830.4, 830.8.) In a special verdict the jury found that city knew and…

Defendant City of Glendale appeals a judgment in favor of plaintiff Cary Lee Bunker in an action for personal injuries and property damage.

At 10 p.m. on August 5, 1972, Bunker was riding his motorcycle up a steep hill on Adams Street in Glendale. As Bunker was approaching the top of the hill, Lillie Minor was backing her vehicle out of a driveway on the far side of the hill 55 feet below the crest. Because of the steepness of the hill of the grade, Bunker was unable to see Minor's vehicle until he reached the top of the hill, at which time he was traveling 25 to 30 miles per hour. At that speed he was unable to stop in sufficient time to avoid a collision with Minor's vehicle. The posted speed limit on Adams Street was 25 miles per hour. However, approximately 500 feet before the crest of the hill there was a sign which advised motorists to "Slow To 15 Miles an Hour."

Bunker later commenced this action against the City of Glendale and Lillie Minor. Minor settled with Bunker prior to trial. City's motion for summary judgment on the ground it was immune from liability was denied. (Gov. Code, §§ 830.4, 830.8.) In a special verdict the jury found that city…