Gilmer

This case arises from an incident in which plaintiff and appellant Daniel E. Gilmer was injured when a left-turning driver collided with plaintiff as he was riding his motorcycle through an intersection. Plaintiff sued not only the left-turning driver, but also defendant and respondent Kyseme Ellington for negligently gesturing to that driver to proceed with the turn. The trial court granted defendant’s motion for judgment on the pleadings, finding defendant did not owe a duty to plaintiff. Plaintiff appeals from the resulting judgment of dismissal. He contends the trial court erred in granting the motion because defendant’s liability turned on a factual determination incapable of resolution by judgment on the pleadings. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

We recite the facts in accordance with the usual rules of appeal from a dismissal entered after a motion for judgment on the pleadings has been granted without leave to amend. On January 30, 2006, codefendant Rebecca Cherry was talking on a cell phone while waiting for traffic conditions to allow her to safely turn left from southbound Lincoln Boulevard onto eastbound Nelrose Avenue. Defendant, then traveling…