In a recent personal injury case before a California appeals court, the facts as explained by the court were as follows. The plaintiff sued the city and a driver after she was hit walking across a street in Salinas, California, causing her to suffer severe injuries. The plaintiff was in the crosswalk when she was hit. The crosswalk was painted in 1997 and never repainted.
By 2013, when the accident occurred, the crosswalk had faded to the point that it was almost invisible. The crosswalk was located next to private property with a shopping plaza, on which there was a driveway, bushes, pink cement leading to the crosswalk, and a stop sign. The plaintiff claimed that the city was at fault due to the dangerous condition of the city’s property.
Evidently, A Salinas city ordinance stated that the city must maintain crosswalks at intersections with the appropriate markings. At trial, the plaintiff requested that the judge give jury instructions on negligence per se based on the city ordinance. The judge refused to give the instruction, and instead gave a jury instruction requested by the city. The instruction stated in part that to find that the driveway presented a dangerous condition, the jury could not rely on characteristics of the driveway itself, and could not rely on the design elements of the intersection to find a dangerous condition existed. The jury ultimately found the truck driver was liable, but found the city was not liable, and the plaintiff appealed.