Castro v. City of Thousand OaksAnnotate this Case
Plaintiffs were injured when they started to cross the street after activating a pedestrian warning beacon and were struck by a vehicle. On appeal, plaintiffs challenged the trial court's order granting summary judgment to the City, claiming that there were triable facts that the intersection/crosswalk was a dangerous condition. The court concluded that the City did not show design immunity as a matter of law. In this case, plaintiffs' theory is that the warning beacon, even though intended to make the crosswalk safer, did the opposite and lulled pedestrians to think it was safe to cross. Reasonable minds could differ on whether, under the totality of the circumstances, the intersection/crosswalk posed a substantial risk of injury to a pedestrian exercising due care. Therefore, the court concluded that this issue should be left to the jury and reversed the summary judgment order.