Facts

Plaintiff Ernest Albert Glave was crossing a street in San Jose, when he was struck by a car being driven by an employee of a maintenance company.

PLAINTIFFS' CONTENTIONS: In their action against several defendants, including the maintenance company, the county transportation authority, and the City of San Jose, the children of Glave contended that Glave's death was wrongfully caused by negligence of the driver, and premises liability. It was argued that factors such as a single malfunctioning street light, and lack of a clear crosswalk, created hazardous conditions.

DEFENDANTS' CONTENTIONS: The maintenance company and driver cross-complained against the city and the transportation authority. The city successfully demurred to the cause of action for premises liability. The transportation authority moved for judgment on the pleadings.

Result

The court granted the defendant's motion for judgment on the pleadings. The transportation authority was not liable as a matter of law in connection with the cross-complaint.