Facts

A bicyclist was riding on a marked crosswalk across a street in Morgan Hill. The driver of a car stopped at the crosswalk to allow the bicyclist to cross in front of his car. A second driver failed to stop and hit the mounted bicyclist. The bicyclist died from his injuries.

The parents of the decedent brought a wrongful death action and a survivor action against the driver of the vehicle and the City of Morgan Hill. The driver also filed a cross-complaint against the City for indemnity. The driver's theory was that the crosswalk was negligently designed, creating a dangerous condition.

Result

The Court granted summary judgment for the City, finding that the City was immune from suit. The Court also held that even if the City was not immune, the subject crosswalk was not a dangerous condition because no physical defect contributed to the accident. The accident was the result of the bicyclist's and the driver's failure to exercise due care.