Mendez
Mendez v. City of San Diego CA4/1
Opinion
Opinion
Irion, J.
I.
FACTUAL AND PROCEDURAL BACKGROUND
On December 13, 2017, at approximately 5:00 a.m., Mendez was riding his bicycle on Olive Hill Road, which is a County-owned and maintained road with one lane in each direction. A car driven by Dylan K. collided with Mendez’s bicycle while both vehicles were traveling northbound on Olive Hill Road, just prior to the intersection with Rancho Camino. In a deposition, Dylan K. testified that immediately before the accident, his attention was drawn to the left side of the road by a dog, and thus he did not see Mendez on the right side of the road. On the stretch of Olive Hill Road where the collision occurred, there is only a very narrow paved shoulder on the edge of the northbound lane, but there is an approximate 10-foot wide paved
1 Unless otherwise indicated, all further statutory references are to the Government Code.
2 shoulder on the edge of the southbound lane.2 The area is not lighted. According to Mendez, as a result of the collision he suffered serious injuries, including quadriplegia. Mendez filed a lawsuit against the County and other parties. Against the County, Mendez’s operative third amended complaint asserted a single cause…