Araujo De Aguilar v. National Railroad Passenger Corp.

MEMORANDUM **

Rocío Adame Araujo de Aguilar et al. appeal from the district court’s summary judgment in favor of defendant Kern County on their claim for “wrongful death/premises liability.” We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Cal. Dep’t of Toxic Substances Control v. Alco Pac., Inc., 508 F.3d 930, 934 (9th Cir.2007), and we affirm.

The district court properly concluded as a matter of law that the configuration of the intersection at Poplar Avenue and the railroad tracks did not constitute a dangerous condition. The undisputed evidence establishes that, on the date of the accident, southbound drivers at the limit line of the railroad crossing had an unobstructed view of the tracks to the northwest despite the configuration of the intersection. Thus, there was no substantial risk of injury to drivers using due care while crossing the railroad tracks. See Cal. Gov’t Code § 830(a) (“ ‘Dangerous condition’ means a condition of property that creates a substantial ... risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.”); id. § 830.2 (defining non-dangerous…