Vomaska

Plaintiffs and appellants William O. Vomaska and Sandra Vomaska appeal from a judgment in favor of defendant and respondent City of San Diego (City) arising from a jury verdict finding no dangerous condition on public property where Mr. Vomaska was seriously injured. Vomaska argues the judgment should be reversed because of the jury’s failure to deliberate, an evidentiary ruling precluding his presentation of a municipal code ordinance, an evidentiary ruling allowing City to present the results of a pedestrian survey and the denial of his motion for judgment notwithstanding the verdict.

City cross-appeals, arguing the matter should never have gone to the jury but should have been decided as a matter of law, based, inter alia, on immunity under Government Code section 831.2 for natural conditions of unimproved public property.

For reasons we will explain below, we affirm the judgment.

Factual and Procedural Background

Having traveled from Arizona with friends Mark and Stephanie Lee, the Vomaskas parked their recreational vehicle (RV) next to a sidewalk which bordered beach cliffs at La Jolla, California. Shortly after midnight, Mr. Vomaska suggested that he and Mr. Lee…