Dutton
Dutton v. City of Pacifica
Opinion
Opinion
Dossee, J.
Plaintiff Sherri Lynn Dutton (Dutton), through her guardians ad litem, appeals from a judgment in favor of defendants City of Pacifica (the City) and Pacifica Police Officer Anthony Risso (Risso). Dutton contends that the trial court’s order granting summary judgment must be reversed because there is a triable issue of material fact as to whether Risso owed her a duty of care. We disagree and affirm.
I. Factual and Procedural Background
On August 17, 1991, Dutton was seriously injured when the truck in which she was riding failed to negotiate a left turn. Following the accident, Dutton filed a complaint against the City, Risso, and a number of other defendants. The complaint alleged that the City and Risso were liable because Risso had negligently ordered Dutton to ride in the back of the truck. On May 18, 1993, the City and Risso filed a motion for summary judgment. In connection with the motion, the following facts were established.
On the evening in question, Dutton arrived at Frontierland Park in a van driven by Larry Shores (Shores). The van was carrying four passengers besides Shores and Dutton. Steve Thomas Quinn (Quinn) and two passengers arrived at the park in…