Guernsey

*271 A driveway into the Westridge Shopping Center meets North Davis Road at a T-intersection in the City of Salinas (City). A 12-foot-wide crosswalk runs across the driveway on City property. The crosswalk was originally painted in 1997 and never repainted. A City ordinance provided that the City "shall ... maintain crosswalks at intersections ... by appropriate ... marks...." 1 (Salinas Municipal Code, § 20-43.) By *272 2013, the crosswalk had "faded" considerably. In 2013, plaintiff Un Suk Guernsey was crossing the driveway in the faded crosswalk when a truck that was turning left from North Davis Road into the driveway struck and severely injured her. Guernsey and her husband 2 sued the City, Celia Capulin (the driver of the truck), and others. Guernsey's action against the City alleged that the City's property was in a dangerous condition. ( Gov. Code, § 835.)

At the jury trial, over Guernsey's objections, the court gave a special "[d]esign of the [d]riveway" jury instruction requested by the City, refused to give jury instructions requested by Guernsey on negligence per se ( CACI No. 418 ) and mandatory duty ( CACI No. 423 ) based on the City ordinance, and provided the…