Eiko Fukuhara v. City of Los Angeles, et al.
Published: Sep. 15, 2017 | Result Date: Aug. 8, 2017 | Filing Date: Jun. 5, 2015 |Case number: BC584152 Summary Judgment – Defense in Part
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
David Y. Nakatsu
(Law Office of David Y. Nakatsu)
Defendant
Katherine J. Brinson
for Playa Capital Company LLC
Domingo R. Tan
(Wood, Smith, Henning & Berman)
Nichole Murray
(Office of the Los Angeles City Attorney)
Cross-Defendant
Michael A. D'Andrea Jr.
(Bremer, Whyte, Brown & O'Meara LLP)
Facts
Eiko Fukuhara sued the City of Los Angeles and Playa Capital Company LLC, in connection with an incident that allegedly occurred on June 7, 2013.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended she was struck by a vehicle at the intersection of Playa Vista Dr. and Bluff Creek Dr. in Playa Vista. At the time, defendant Playa Capital Co. was performing construction in the area near the subject intersection. Plaintiff sought to hold Playa Capital Co. and the City of Playa Vista, liable for her injuries. Plaintiff asserted causes of action for premises liability and general negligence.
DEFENDANTS' CONTENTIONS: Playa Capital Co. moved for summary judgment, alleging it cannot be held liable for the alleged collision where it lacked control over the subject intersection. Defendant contended that the city owned and controlled the subject intersection.
Result
The court granted Playa Capital Co.'s motion for summary judgment.
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