Low

Low v. City of Sacramento

Good Law
1970 Cal. App. LEXIS 2218·7 Cal. App. 3d 826·87 Cal. Rptr. 173
Court of Appeal of CaliforniaMay 20, 1970Civ. 12325California2,611 words

Opinion

Opinion

Friedman, J.

Plaintiff sustained personal injuries when she fell into a water-filled depression in a parking strip outside the Sacramento Medical Center, a hospital owned and operated by the County of Sacramento. She brought suit against the county and against the City of Sacramento as well. The trial court ruled as a matter of law that the parking strip was owned by the city and controlled by the county. It instructed the jury to that effect. A verdict and judgment were entered against both defendants. Each appeals. The city seeks affirmance of the judgment, the county reversal.

Government Code section 835 establishes the conditions under which a public entity is liable for the dangerous condition of its property. Government Code, section 830, subdivision (c), declares: “ ‘Property of a public entity’ and ‘public property’ mean real or personal property owned or controlled by the public entity, but do not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity.”

The trial court premised its declaration of concurrent responsibility upon the view that the city owned the parking…

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