Sun

Sun v. City of Oakland

Good Law
166 Cal. App. 4th 1177·2008 Cal. App. LEXIS 1427·83 Cal. Rptr. 3d 372
Court of Appeal of CaliforniaSeptember 15, 2008A118434California6,113 words

Opinion

Opinion

Swager, J.

While crossing International Boulevard in Oakland at an unmarked pedestrian crosswalk, Rong Zeng Peng was struck by an automobile and killed. Her husband and minor daughter sued the City of Oakland (City) and others, alleging that Ms. Peng’s death was proximately caused by the dangerous condition of the intersection where the accident occurred. City moved successfully for summary judgment on the ground, among others, that the intersection was not in a dangerous condition as a matter of law. Appellants appeal from the adverse judgment. Finding no triable issues of material fact with respect to the existence of a dangerous condition, we affirm.

FACTUAL BACKGROUND

The following facts are, in essence, uncontroverted and taken from the evidence submitted by the parties in support of, and in opposition to, the motion for summary judgment.

International Boulevard is a four-lane thoroughfare with two lanes going in each direction. Just before 9:00 p.m. on October 20, 2004, Ms. Peng attempted to cross International Boulevard where it intersects with 7th Avenue. The crosswalk at this intersection had been marked with painted stripes in the past, but it was unmarked at the time…

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