Case Summary

5023 REVIEW DENIED. A motorist who collided with a city's concrete lane divider sued the city for injuries sustained from the collision, and the city moved for summary judgment based upon evidence that the motorist did not exercise reasonable care and that a records search failed to identify any claims filed against the city in the previous seven years for injuries caused by the divider. The trial court improperly granted the city's motion because the city's evidence failed to establish as a matter of law that the divider was not a dangerous condition.

LANE v CITY OF SACRAMENTO (Street Divider Crash) 183 CA4 1337 REV DENIED [See Gov Code § 835; Rodkey v City of Escondido 8 C2 685; Sambrano v City of San Diego 94 CA4 225]