Victor v. Hedges

77 Cal. App. 4th 229, 91 Cal. Rptr. 2d 466 (1999)

 

RULE:

Cal. Veh. Code § 22500(f) is designed to prevent (1) vehicular obstruction of pedestrian traffic on sidewalks and (2) injury to pedestrians that might occur when a pedestrian (a) walks around the obstructing vehicle and is injured by another hazard, (b) walks into the obstructing vehicle, or (c) is struck when the vehicle, previously at rest on the sidewalk, is put in motion.

FACTS:

Plaintiff was injured while standing at the back of an automobile that defendant had illegally parked on the sidewalk. Plaintiff brought a suit for negligence per se for violation of Cal. Veh. Code § 22500(f) and common law negligence. Defendant filed for summary judgment which the trial court granted. Plaintiff filed motion for new trial, but the trial court denied. On appeal, the appellate court affirmed the trial court’s judgment.

ISSUE:

Was plaintiff’s injury one of the types of accident that Cal. Veh. Code § 22500(f) was designed to prevent?

ANSWER:

No.

CONCLUSION:

Cal. Veh. Code § 22500(f) was not designed to prevent the type of accident that caused plaintiff's injury. Further, plaintiff failed to raise a triable issue of fact that an ordinarily prudent person in defendant's place would have foreseen an unreasonable risk of harm to plaintiff.

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