Joyce

In this, the fourth appeal arising from a serious personal injury action, Simi Valley Unified School District (District) appeals from a $2,887,022.90 judgment entered against it after the jury found that an open school yard gate, constructed next to a dangerous intersection, constituted a dangerous condition of public property. (Gov. Code, §§ 830, subd. (a), 835.) District launches a plethora of unsuccessful claims. We affirm and hopefully put an end to this litigation.

Facts and Procedural History

On May 11, 1989, then 13-year-old Jennifer Joyce was struck in a marked crosswalk at Medina and Sequoia Avenues in the City of Simi Valley. Jennifer was on her way to Sequoia Junior High School. The crosswalk had no signals and crossed a busy four-lane street. It allowed children access to the adjacent school through an open school yard gate.

A motorist, Karen Smith, struck Jennifer in the No. one southbound lane of Sequoia Avenue. Jennifer was thrown 40 feet, resulting in severe head injuries.

After the motorist settled for $50,000, Jennifer sued District and the City of Simi Valley (City). The first amended complaint alleged that prior accidents and “near misses” had…

In the first appeal to this court, the majority opinion was authored by Justice Gilbert with Presiding Justice Stone concurring. It said: “Here we hold that an open gate at a public school can be a dangerous condition of public property if it encourages students to cross at a dangerous intersection next to the school.” I dissented saying, inter alia, “School districts have no duty to provide traffic protection to students walking to school.” The opinion was certified for publication but was ordered not to be published by the California Supreme Court. (Cal. Rules of Court, rule 976(c)(2).) Thereafter, I adhered to the “law of the case” (see ante, at pp. 303-305) as the author of the majority opinions in the next two appeals (see ante, at p. 296). I adhere to the law of the case today.

As explained in the present majority opinion, the law has recently been settled by our Supreme Court in the Bonanno case. (Bonanno v. Central *309 Contra Costa Transit Authority (2003) 30 Cal.4th 139 [ 132 Cal.Rptr.2d 341 , 65 P.3d 807 ].) The letter and spirit of the Bonanno case can only be characterized as being consistent with Justice Gilbert’s prescient first majority opinion. With the benefit…

Bruce Alan Finck, Ventura, and Susan B. Gans-Smith; Benton, Orr, Duval & Buckingham, for Simi Valley Unified School District, Appellant.

Greg A. Coates, San Luis Obispo; Cumberland, Coates & Duenow, Amicus Curiae, on behalf of Simi Valley Unified School District, Defendant and Appellant.

Gary A. Dordick, Esq., Beverly Hills, Law Offices of Gary A. Dordick, for Plaintiff and Respondent.

YEGAN, J.

In this, the fourth appeal arising from a serious personal injury action, Simi Valley Unified School District (District) appeals from a $2,887,022.90 judgment entered against it after the jury found that an open school yard gate, constructed next to a dangerous intersection, constituted a dangerous condition of public property. (Gov. Code, §§ 830, subd. (a); 835.) District launches a plethora of unsuccessful claims. We affirm and hopefully put an end to this litigation.

On May 11, 1989, then 13-year-old Jennifer Joyce was struck in a marked cross-walk at Medina and Sequoia Avenues in the City of Simi Valley. Jennifer was on her way to Sequoia Junior High School. The crosswalk had no signals and crossed a busy four-lane street. It allowed children access to the adjacent school through…