Cole

Cole v. Town of Los Gatos

Caution
140 Cal. Rptr. 3d 722·2012 Cal. App. LEXIS 503·205 Cal. App. 4th 749·2012 WL 1450111
Court of Appeal of CaliforniaApril 27, 2012No. H035444California13,276 words

Opinion

Lead Opinion

Rushing, J.

*754 Opinion

After attending a baseball game at Blossom Hill Park in Los Gatos, plaintiff Sara Cole returned to her vehicle, which she had parked between the north edge of the park and Blossom Hill Road. While standing near the back of her vehicle she was hit by a car driven by defendant Lucio Rodriguez, who would eventually plead guilty to driving while intoxicated. Plaintiff brought suit against Rodriguez and the Town of Los Gatos (Town), alleging as to the latter that the road and the area where she had parked—both of which were Town property—were in a dangerous condition because their configurations, coupled with their relative locations, induced park visitors to park where she had parked while inducing eastbound drivers on Blossom Hill Road to drive through that area in order to bypass stalled traffic on the road. The trial court granted Town’s motion for summary judgment, finding no evidence that any dangerous condition of Town’s property was a proximate cause of plaintiff’s injuries. We hold that, on the contrary, the evidence before the trial court raised numerous issues of fact concerning the existence of a dangerous condition and a causal relationship between the…

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