City of South Lake Tahoe v. Superior Court

Petitioner (defendant) City of South Lake Tahoe seeks a writ of mandate directing respondent superior court to grant its motion for summary judgment in the underlying action. We shall grant the requested relief.

The underlying action arises out of a two-car accident which occurred at the intersection of Eloise Street and Third Street in the City of South Lake Tahoe on May 6, 1994. Real parties in interest (plaintiffs) David Markham, the driver, and his son Michael were in one vehicle; plaintiffs Deanna Huff, the second driver, and passenger Nicole Lane were the occupants of thé other car. At approximately 5:45 p.m. plaintiff David Markham was driving north on Third. His car was struck broadside by the car driven by plaintiff Huff, who was proceeding west on Eloise Street. There are no stop signs for traffic on Third Street at its intersection with Eloise Street. There are usually stop signs for eastbound and westbound traffic on Eloise Street at its intersection with Third Street.

However, the situation was not as usual when the Markham and Huff vehicles collided. Earlier on the same day, about 1:30 p.m., there had been another accident at the same intersection. One…