Lompoc Unified School Dist. v. SUPERIOR COURT OF SANTA BARBARA CTY.

Good Law
1993 Cal. App. LEXIS 1254·20 Cal. App. 4th 1688·26 Cal. Rptr. 2d 122·93 Daily Journal DAR 15929·93 Cal. Daily Op. Serv. 9302
Court of Appeal of CaliforniaDecember 15, 1993B076556California3,823 words

Opinion

Opinion

Yegan, J.

We hold that a public entity which allows a sporting event to take place on its property has no legal duty to provide a distraction barrier to prevent a passing motorist from seeing or hearing the event. In this situation, the public entity has no liability for injuries caused by the inattentive motorist.

Pleadings and Evidence

On October 11, 1991, Michael D. Ellison, real party in interest, was riding his bicycle on Pine Street, a public road adjacent to the Lompoc Unified School District’s (District) property. A football game was in progress. Ellison was struck and severely injured by a motor vehicle operated by Jill Dickinson.

Ellison filed a complaint against the District, Dickinson, and the City of Lompoc. As to the District, he alleged that it maintained a dangerous condition of public property and that Dickinson “. . . was distracted by the events occurring on and around the athletic field and the gathering of people in the 400 block of Pine Avenue to watch the athletic events occurring thereon. . . .’’He claimed that District created and maintained a dangerous condition on its property by cutting back a hedge which had previously served as a distraction…

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