Breeden v. City of Oakland
Filed 2/23/06 Breeden v. City of Oakland CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| TERESA BREEDEN, Plaintiff and Respondent, v. CITY OF OAKLAND, Defendant and Appellant. |
A110471
(Alameda County Super. Ct. No. 2002073518) |
On February 4, 2005, a jury found the City of Oakland (City) 60 percent liable for injuries suffered by Teresa Breeden (Breeden) in a motor vehicle accident at an intersection located within the City. In its motion for judgment notwithstanding the verdict (JNOV), the City argued that the design immunity defense applied as a matter of law, but the trial court disagreed. The City appeals the trial court's judgment and order denying its motion, but we conclude substantial evidence supports the jury's verdict and affirm.
Factual and Procedural Background
On November 27, 2001, Breeden was injured when her motorcycle collided with a United Parcel Service (UPS) delivery vehicle at the intersection of 52d Street and Martin Luther King Jr. Way in the City. Breeden sued UPS and the City for damages resulting from her injuries. Breeden argued the City was liable because the traffic light sequencing for north and southbound traffic on Martin Luther King Jr. Way did not have an â€
