inadequate roadway lighting

Public Entity Liability: Inadequate Roadway Lighting

By on September 18, 2012 - Comments off

Mixon v. State of California, (First District, May 29, 2012), 142 Cal.Rptr.3d 633, 12 Cal. Daily Op. Serv. 7187, 2012 Daily Journal D.A.R. 8627

A four-year old boy who was suffered severe brain injuries when he was hit by a car while walking in a crosswalk at an intersection, filed suit against the State of California, contending that the nighttime accident was caused by a dangerous condition of public property under Government Code § 835. The plaintiff, along with his siblings who witnessed the impact, alleged, inter alia, that the lighting at the site of the crosswalk was inadequate, in that the nearest street light was 29 feet from the intersection. The plaintiffs further alleged that the location was made especially dangerous because the poorly lit intersection contrasted sharply with better lit areas surrounding it.

The trial court granted summary judgment, finding that the intersection was not in a dangerous condition and that there was no duty to provide lighting. The court of appeal affirmed, rejecting the plaintiffs’ argument that the State had negligently undertaken to provide lighting in the area: Read the rest »