Faulk

Faulk v. City of Citrus Heights CA3

Good Law
Court of Appeal of CaliforniaMarch 27, 2015C072669California2,887 words

Opinion

Opinion

BACKGROUND

Factual Background This is an appeal by a plaintiff from a defense verdict by the jury. “Accordingly, our summary of the significant facts will cast the evidence in its light most favorable to the judgment, drawing all reasonable inferences and resolving all conflicts in favor of defendants.” (Thompson v. Miller (2003) 112 Cal.App.4th 327, 330.) Stated in the light most favorable to the judgment, the evidence at trial showed the following: On May 20, 2009, Faulk was driving a rapidly overheating car on Zenith Drive in Citrus Heights. Faulk got out his bicycle and began to ride through a construction site on the south side of Antelope and Tupelo Drive. De Silva Gates was the prime contractor for the construction, which involved replacing the concrete sidewalk. Antelope Road was reduced to one lane as a result of the construction. Faulk proceeded along the sidewalk of Antelope Road until he arrived at the Interstate 80 westbound off-ramp. At the intersection, Faulk stopped and pressed the cross-walk button. To his left, Salas was in her car and looking to the left, i.e., away from Faulk’s direction. When the light changed to allow Faulk to cross, he attempted to get…

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