Legal Opinion
Pekarek v. City of San Diego
California Court of Appeal
Decided December 6, 1994No. D018228PublishedCited by 7 opinions
1Opinion of the Court
Opinion
BENKE, J.
The critical question presented on this appeal is whether the defendant city could have reduced the risk of injury to the plaintiffs by altering the physical characteristics of a street the city owns. Because the plaintiffs have not suggested any such alteration, we affirm the summary judgment entered in favor of the city.
Factual Background
The circumstances which give rise to this appeal are not in dispute. On June 1, 1990, Kaila Pekarek was five years old. On that day she crossed the 6600 block of Springfield Street in San Diego with her seven-year-old sister Lakshmi. Kaila…
2Cases cited12 opinions
- Peterson v. San Francisco Community College DistrictCalifornia Supreme Court · 1984
- Varjabedian v. City of MaderaCalifornia Supreme Court · 1977
- Greater Westchester Homeowners Ass'n v. City of Los AngelesCalifornia Supreme Court · 1979
- Ducey v. Argo Sales Co.California Supreme Court · 1979
- Venuto v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1971
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Murillo v. Rite Stuff Foods, Inc.California Court of Appeal · 1998
- Sanchez v. Swinerton & Walberg Co.California Court of Appeal · 1996
- Pieper v. Commercial Underwriters InsuranceCalifornia Court of Appeal · 1997
- Montgomery v. Cal Accountants Mutual Ins. Co.California Court of Appeal · 1998
- Montgomery v. Cal Accountants Mutual InsuranceCalifornia Court of Appeal · 1998
2 more not listed; retrieve them via the Exa API.