Pekarek

The critical question presented on this appeal is whether the defendant city could have reduced the risk of injury to the plaintiffs by altering the physical characteristics of a street the city owns. Because the plaintiffs have not suggested any such alteration, we affirm the summary judgment entered in favor of the city.

Factual Background

The circumstances which give rise to this appeal are not in dispute. On June 1, 1990, Kaila Pekarek was five years old. On that day she crossed the 6600 block of Springfield Street in San Diego with her seven-year-old sister Lakshmi. Kaila and Lakshmi were crossing the street so that they could get ice cream from an ice-cream truck operated by Nghiep Buu Truong. After Kaila bought her ice cream she started running back across Springfield Street. Lakshmi saw a van coming and tried to pull Kaila out of the way. Lakshmi was only partially successful. Because Truong’s ice-cream truck obstructed her view, the driver of the van, Lois Louise Pischinger, did not see Kaila. Pischinger’s van struck Kaila, crushing her leg and breaking her jaw. Because of the severity of the injury, Kaila’s leg was amputated.

Trial Court Proceedings

On May…