McCuistion

FACTS

Plaintiffs in this action are John McCuistion, Kimberly Parriera, and their minor sons, Jovani and Jayden. Plaintiffs assert claims individually and as successors in interest to Jayden, who died after the accident.

Unlabeled statutory references are to the Government Code.

2. The defendants are County, Joe Garza, and Amelia Flores.2 The car that struck McCuistion’s vehicle was owned by Garza and was driven by Flores with Garza’s permission. The children attended Sundale Union Elementary School, which is located on the northwest corner of the intersection of Road 140 (Lovers Lane) and Avenue 240 (Prosperity Avenue) in an unincorporated area of County. The intersection of Lovers Lane and Prosperity Avenue was not an all-way stop, but rather a two-way stop. Vehicles traveling east and west on Prosperity Avenue were directed to stop at the intersection by signs, not lights. Northbound and southbound traffic on Lovers Lane were not directed to stop. County, the public entity that controls the intersection, posted “School Zone – 25 MPH” signs near the school. However, there were no pedestrian crosswalks and no “SLOW – SCHOOL XING” warning painted on Lovers Lane at the…