Seaber

Donna Seaber, the surviving wife of Harry Seaber, and their three children appeal a summary judgment entered in favor of Hotel Del Coronado (Hotel) on their wrongful death action arising from a pedestrian/vehicular accident which resulted in the death of pedestrian Harry Seaber. He was killed when he was struck in a marked crosswalk on Orange Avenue, adjacent to the Hotel’s property, while using the crosswalk for egress from the Hotel. Relying on Sexton v. Brooks (1952) 39 Cal.2d 153 [ 245 P.2d 496 ], they contend the trial court erred in holding the pedestrian crosswalk on Orange Avenue did not provide a special benefit to the Hotel; no alteration in Orange Avenue independently and specially benefitted the Hotel; and, in any event, the Hotel’s lack of control over the sidewalk extinguished any obligation it may have had to warn and alternatively it had no feasible method to control traffic or to warn pedestrians. For the reasons which follow, we conclude the trial court properly granted the Hotel’s motion for summary judgment. Accordingly, we affirm the judgment.

Factual and Procedural Background

On February 14, 1987, while leaving the premises of the Hotel, Harry…