Arena Group 2000 v. Sign Ad
In February 2003, a 25-year-old, 2,000 pound marquee sign located at a shopping center owned by Arena Group 2000, L.P., the City of San Diego and Elizabeth Nolan dba U.R.C. Management (collectively, Arena), fell and injured the plaintiffs, who were walking beneath it. The plaintiffs filed personal injury actions against Arena Group and others and Arena in turn cross-complained against various persons for indemnity, contending that their acts or omissions contributed to the accident; Sign Ad Corporation (Sign Ad) was one of those cross defendants.
Arena appeals an order granting Sign Ad's motion for summary judgment and the judgment thereon, contending that the superior court erred in concluding that Sign Ad did not owe it a duty of care because its evidence was sufficient to permit an inference that Sign Ad disturbed the sign's braking system during its inspection of the sign in 1996. Court disagree that Arena's evidence permitted such an inference and affirm.
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