On February 17, 2012, Senior Litigator Harold W. Potter successfully argued a motion for summary judgment on behalf of the City of Westminster regarding a dangerous condition of public property case involving a minor struck by a vehicle while crossing a street opposite school grounds. The minor sustained life threatening injuries with residual horrific scarring, loss of visual acuity and moderate neurological deficits. His medical bills exceeded one million dollars. Plaintiff was seeking over three million dollars in damages.
The theory of liability by plaintiff was premised upon Joyce v. Simi Valley Unified School District, 110 Ca1.App.4th 292 (2003), in that a nearby open gate at the side of the school on adjacent property to that owned by Westminster created a dangerous condition of public property, as it enticed students to cross the street at the location without any roadway markings warning the motoring public of children crossing the street.
Westminster’s motion for summary judgment was based upon plaintiff’s failure to comply with the claims filing requirements after timely receiving a notice of insufficiency and Government Code §830.8, Failure to Provide Traffic or Warning Signal.
The Court granted Westminster’s motion for summary judgment based upon both grounds, finding the claim did not fairly or accurately set forth facts to put the city on notice of what it supposedly did wrong, and finding the immunity under Government Code §830.8 was applicable.