Tracy Starr v. Fun Wah Auyang, City and County of San Francisco, and Does 1 through 20, inclusive
Published: Apr. 16, 2016 | Result Date: Mar. 23, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-539997 Summary Judgment – Defense in part
Court
San Francisco Superior
Attorneys
Plaintiff
John F. Vannucci
(Law Offices of John F. Vannucci)
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
James F. Hannawalt
(Office of the San Francisco City Attorney)
Cheryl S. Adams
(Office of the San Francisco City Attorney)
Facts
Tracy Starr sued Fun Auyang and the City and County of San Francisco, in connection with a motor vehicle accident that occurred on May 18, 2013 at around 9 p.m.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant Auyang allegedly struck plaintiff as she was lawfully walking on a marked crosswalk on Fulton St. at the intersection of 17th Ave. Plaintiff sustained serious injuries and sued defendants for dangerous condition of public property. Plaintiff claimed that the intersection where the collision took place was prone to excessive speeding, making it hazardous for pedestrians to traverse. Plaintiff, therefore, claimed that the city was liable for her injuries.
DEFENDANTS' CONTENTIONS:
CCSF denied the allegations and asserted various affirmative defenses. CCSF also moved for summary judgment, claiming defendant Auyang was the sole cause for plaintiff's injuries for running over her as she was traversing the crosswalk. As such, CCSF denied any liability.
Result
The court found that the property on which plaintiff Starr was injured was not dangerous. Accordingly, it granted defendant's unopposed summary judgment in favor of CCSF.
Other Information
Plaintiff is continuing to prosecute this case against the driver, Fun Wah Auyang. FILING DATE: June 17, 2014.
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