Cole v. Town of Los Gatos
205 Cal. App. 4th 749
| Cal. Ct. App. | 2012Background
- Plaintiff Sara Cole was injured when a drunk driver, Lucio Rodriguez, left Blossom Hill Road and hit her while she stood at the rear of her diagonally parked SUV in a Town-owned gravel shoulder between the park and the road.
- Cole alleged Town’s property configuration and its adjacency to the road created a dangerous condition that induced parking in the gravel area and vehicles to bypass stopped traffic.
- Town moved for summary judgment arguing Cole could not prove a dangerous condition or proximate causation; the trial court granted the motion.
- The trial court sustained Town’s evidentiary objections and concluded there was no admissible evidence of a dangerous condition or its causal link to the injury.
- The Court of Appeal reversed, finding there were triable issues as to dangerous condition, causation, and notice, and remanded for trial.
- The accident occurred in 2007 at a site where the road and gravel shoulder are Town property, with evidence of diagonal parking and cars bypassing other traffic.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a dangerous condition of public property at the site? | Cole showed physical characteristics that induced unsafe parking and driving. | Town contends no dangerous condition existed or caused the injury. | Yes, triable issues existed as to dangerous condition. |
| Did the dangerous condition proximately cause Cole’s injuries? | The condition contributed to the collision by shaping driver behavior. | Even if dangerous, causation failed due to other factors. | Yes, triable issues on causation. |
| Did Town have actual or constructive notice of the dangerous condition? | Town knew of parking patterns and dangers from prior complaints. | No sufficient notice shown. | Yes, triable issues on notice. |
| Is the public entity’s liability barred by immunity or superseding causes? | Immunity does not bar if dangerous condition contributed to injury. | Immunity or superseding cause defeats liability. | Not determinative at summary judgment; triable issues remain. |
Key Cases Cited
- Sun v. City of Oakland, 166 Cal.App.4th 1177 (Cal. App. 4th Dist. 2008) (dangerous condition requires substantial risk tied to property)
- Bonanno v. Central Contra Costa Transit Authority, 30 Cal.4th 139 (Cal. 2003) (test for property-adjacency hazards and foreseeability)
- Zelig v. County of Los Angeles, 27 Cal.4th 1112 (Cal. 2002) (limits on superseding-cause doctrine in public-liability)
- Constance B. v. State of California, 178 Cal.App.3d 200 (Cal. App. 1986) (aftermath of dangerous condition involving third-party conduct)
- Moncur v. City of Los Angeles, 68 Cal.App.3d 118 (Cal. App. 1977) (airport bombing case; concurrent causes concept)
- City of San Diego v. Superior Court, 137 Cal.App.4th 21 (Cal. App. 2006) (restrictive rule on third-party superseding conduct not universally adopted)