California Court of Appeal
Cerna v. City of Oakland, A115296
In a negligence action against a city and school district for injuries resulting from a traffic accident on a city street, summary judgment for defendants is affirmed where: 1) underlying conditions in the city's intersection did not create a "dangerous condition" as defined under Gov. Code section 830.2; and 2) the school district was not responsible for the safety of students outside the school premises, as Ed. Code section 44808 does not create general negligence liability and the district did not specifically assume responsibility for plaintiffs' safety.
Appellate Information
- Decided 04/11/2008
- Published 04/11/2008
Judges
- SEPULVEDA, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Michael B. Moore; Herbert W. Yanowitz, for Appellant.
- For Appellees:
- Oakland City Attorney's Office, John A. Russo, Randolph W. Hall, Oakland, William E. Simmons, Christopher Kee, for Respondent City of Oakland., Lafayette & Kumagai, Gary T. Lafayette, Forrest E. Fang, San Francisco, for Respondent Oakland Unified School District.