Camacho v. City of San Jose CA6
Plaintiff Carolina Camacho appeals a summary judgment in favor of the City of San Jose in this wrongful death action. Camacho alleges her daughter’s death in a pedestrian-motor vehicle accident was due to a dangerous condition of public property: the City’s failure to install a barrier fence on the median where the accident occurred to prevent pedestrians from crossing there. (Gov. Code, § 835.) The City moved for summary judgment, challenging three elements of Plaintiff’s cause of action. The City also argued it had a complete defense based on design immunity. (Gov. Code, § 830.6) The trial court found that the City had met its burden of demonstrating that there was no dangerous condition as a matter of law and granted the motion for summary judgment.
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