Connelly

Connelly v. County of Fresno

Good Law
146 Cal. App. 4th 29·2006 Cal. App. LEXIS 2037·2006 Daily Journal DAR 16741·52 Cal. Rptr. 3d 720·2006 Cal. Daily Op. Serv. 11808
Court of Appeal of CaliforniaDecember 22, 2006F049021California5,846 words

Opinion

Opinion

Gomes, J.

Plaintiff Karen Connelly (Connelly) appeals from the judgment entered after the trial court granted summary judgment in favor of defendants County of Fresno (County) and Kristina Elizabeth Martinez (Martinez) (collectively, respondents). We will reverse.

FACTS AND PROCEDURAL HISTORY

Summary of Facts

On October 27, 1999, Connelly was involved in an automobile accident when a County vehicle driven by County employee Martinez hit the pickup Connelly was driving. On December 8, 1999, Connelly served a “Claim for Damages,” which was a preprinted County form, on the clerk of the County Board of Supervisors. On the form, Connelly identified the date of the injury or damage as October 27, 1999, stated the location of the accident, listed the police report as the source of witnesses’ names, and named Martinez as the County employee involved. The claim form asked how the injury or damage occurred; Connelly responded, “County vehicle went through stop sign and hit private owned Chev P-U.” The form also asked what action or inaction of the County employee caused her injury or damage; Connelly responded, “The County acted negligently] by letting their driver operate a vehicle” and…

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