Facts

Plaintiff sued the City of Fresno for premises liability after he lost control of his vehicle while driving over a buckled manhole cover and crashed into a wooden utility pole.

PLAINTIFF CONTENTIONS:
Chantharath contended that defendant negligently maintained the public road containing the manhole cover, failed to warn about the dangerous condition, and that it had notice of the dangerous manhole cover yet failed to correct it.

DEFENDANT'S CONTENTIONS:
The city argued that its demurrer should be sustained because plaintiff's negligence count was abolished under the law, his failure to warn count was inapplicable, and because all counts lacked specificity.

Result

The court granted the city's motion to dismiss after plaintiff failed to timely amend following the sustaining of the demurrer.

Other Information

FILING DATE: April 1, 2015.