Carson
Carson v. Facilities Development Co.
Opinion
Opinion
Bird, J.
Did the trial court err in granting defendants’ motions for nonsuit in this wrongful death action?
I.
Plaintiffs are the surviving minor children and husband of Carol Carson (decedent), who was killed in a car collision on March 30, 1978, in the City of San Diego, California. Defendants are the City of San Diego (City), Facilities Development Company (FDC), which built the Friars Hollow condominium complex located near the site of the car accident, the Friars Hollow Homeowners Association (Friars Hollow), and Roger Kurtz, the driver of the automobile that collided with decedent’s vehicle.
About 5 p.m. on March 30, 1978, decedent was driving her Ford Pinto southbound on Colusa Street. Her two children, Jason and Michael, were passengers. Decedent was following her husband, Robert, who was riding ahead of the Pinto on his motorcycle.
At the intersection of Colusa Street and Friars Road, Robert turned left and proceeded east along Friars Road. Decedent approached the intersection behind him and stopped her car at the stop sign limit line. She then drove forward, closer to Friars Road, and stopped again.