O’Neil v. City of South San Francisco CA2/17
Plaintiff Shawn O’Neil was injured when struck by a vehicle while walking in a crosswalk within the City of South San Francisco (the city). He appeals the summary judgment entered on his complaint against the city alleging that the crosswalk constituted a dangerous condition of public property under Government Code section 835. Like the trial court, we conclude that the city’s approval of the design of the crosswalk as part of the city’s “Downtown Revitalization Project” immunized it from liability in this case and that to the extent his complaint alleges the crosswalk was not properly maintained, we conclude that any inadequate maintenance was not, as matter of law, the proximate cause of plaintiff’s injuries. Accordingly, we shall affirm the judgment.
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