Shelton v. City of Hesperia, et al.


    The case involves an auto v. auto accident that occurred in a construction zone in the City of Hesperia.  Plaintiff alleged that lack of proper signage caused/contributed to the auto v. auto accident which is the subject of her complaint. Another party, Defendant Chiramonte, made a left turn from the number 3 lane (all other lanes were blocked off due to resurfacing of the roadway) and collided with Plaintiff who was proceeding straight through the intersection. 

    Plaintiff alleged that the signage or lack thereof, among other things, contributed to the accident.  As to the City, Plaintiff alleged a dangerous condition of public property existed that caused and/or contributed to the subject accident as well as general negligence against our client City of Hesperia.  The Defense filed a Motion for Summary Judgment or in the alternative Summary Adjudication on behalf of the City arguing the public intersection at issue did not constitute a dangerous condition of public property under Government Code 835, that the City has immunity pursuant to Government Code  830, et seq. and the City cannot be held vicariously liable under Government Code  815.4. 

    The Court agreed with the Defense arguments and granted Summary Judgment in favor of the City.

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