City of San Diego v. Superior Court

An illegal street race resulted in the death of nonrace participants Shanna Jump and Brian Hanson (Brian) and the serious injury of Michael Hanson (Michael). Michael and the parents of Brian sued the race participants and City of San Diego (City). As to City, plaintiffs stated causes of action for the dangerous condition of public property, wrongful death and the negligent infliction of emotional distress. City sought summary judgment, arguing the street on which the accident occurred was not in a dangerous condition. The trial court denied the motion. City petitioned for a writ of mandate and this court ordered the trial court to show cause why the relief requested should not be granted. We grant City’s petition for peremptory writ of mandate.

BACKGROUND

A. Complaint

The complaint alleges at approximately 7:00 p.m. on October 6, 2002, an illegal street race between two cars, one without its lights on, was underway northbound on Imperial Avenue between 69th Street and Viewcrest Drive in the City of San Diego. As the racers neared Viewcrest Drive, a car driven by Shanna Jump began a turn from southbound Imperial Avenue to Viewcrest *24 Drive. As her car turned across…

I concur with the majority that the City of San Diego’s (City) writ petition should be granted. The majority holds both that the evidence fails to establish a dangerous condition of public property and that there is no triable issue on whether any such condition proximately caused the auto accident, injuries and deaths.

On the “dangerous condition” issue, I agree that the fact the City knew that vehicles frequently raced along this stretch of Imperial Avenue is not a sufficient basis to impose liability. However, there was also a great deal of evidence that lighting conditions were poor and made it difficult for drivers attempting a left turn at the intersection where the accident occurred to see vehicles approaching and to determine their distance and speed. From this, a rational trier of fact might infer that the street lighting could contribute or create a dangerous condition of public property at dusk or after dark.

While a public municipal entity is ordinarily immune from liability for failure to light its streets, a duty to light, and the consequent liability for failure to do so, may arise from some peculiar condition rendering lighting necessary to make the streets safe…

William J. Roberts, Torrance, for Real Parties in Interest Deborah J. Hanson and Richard G. Geerts III, as Guardian Ad Litem for Michael Hanson, Ken Hanson and Faye Turner.

BENKE, Acting P.J.

An illegal street race resulted in the death of nonrace participants Shanna Jump and Brian Hanson (Brian) and the serious injury of Michael Hanson (Michael). Michael and the parents of Brian sued the race participants and City of San Diego (City). As to City, plaintiffs stated causes of action for the dangerous condition of public property, wrongful death and the negligent infliction of emotional distress. City sought summary judgment, arguing the street on which the accident occurred was not in a dangerous condition. The trial court denied the motion. City petitioned for a writ of mandate and this court ordered the trial court to show cause why the relief requested should not be granted. We grant City's petition for peremptory writ of mandate.

The complaint alleges at approximately 7:00 p.m. on October 6, 2002, an illegal street race between two cars, one without its lights on, was underway northbound on Imperial Avenue between 69th Street and Viewcrest Drive in the City of San Diego. As…