Pfeifer

Pfeifer v. County of San Joaquin

Good Law
1967 Cal. LEXIS 212·60 Cal. Rptr. 493·67 Cal. 2d 177·430 P.2d 51
Supreme Court of CaliforniaJuly 28, 1967Sac. No. 7800California2,294 words

Opinion

lead Opinion

Burke, J.

— Plaintiff in this personal injury action appeals from a judgment of nonsuit granted in favor of defendant County of San Joaquin after plaintiff’s evidence had been presented before a jury. An automobile driven by one Garrett struck plaintiff, a pedestrian, as he was attempting to cross a street. He sued both Garrett and the county. 1 As against the county he alleged negligent creation and maintenance of a dangerous condition of the street, which the county denied. The county also asserted the plan or design defense found in section 830.6 of the Government Code. (See fn. 2 of Cabell v. State of California, ante, p. 151 [ 60 Cal. Rptr. 476 , 430 P.2d 34 ].) As will appear, we have concluded that the evidence, viewed most favorably to plaintiff, fails to establish the existence of the dangerous condition upon which his claim against the county rests. Accordingly, the judgment must be affirmed.

When the accident occurred plaintiff was undertaking to walk across Alpine Avenue in the County of San Joaquin. The attached diagram illustrates the area.

Alpine is a paved east-west four-lane street, intersected at right angles by Delaware Street. East of Delaware a distance of about two…

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