Zertuche

Background The events giving rise to plaintiff’s lawsuit were undisputed in the summary judgment proceedings. On September 19, 2010, a cold but cloudless day, plaintiff was riding his motorcycle southbound behind an orange SUV on McKean Road, a two-lane, minor arterial rural road that runs through the foothills of Santa Clara County. Plaintiff was traveling at about 35 miles per hour, two car lengths behind the SUV, when the driver suddenly slammed on its brakes. Plaintiff braked and swerved to the right, ending up in the drainage ditch adjacent to the shoulder of the road. Plaintiff sued the County, claiming injuries resulting from the dangerous condition of the area where the accident occurred. The County answered and eventually moved for summary judgment on the ground that the accident site did not constitute a dangerous condition of public property, based on the physical characteristics of the road in that location and the absence of any accident history there. After examining the moving and opposing papers and the accompanying exhibits, the superior court agreed with the County and granted the motion, finding that as a matter of law the drainage ditch was not 2 a dangerous…