This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Pedestrian
Dangerous Condition of Public Property/Negligence

Kathleen Bonner v. City of Menlo Park, Shaughnessy McGehee

Published: Jun. 23, 2007 | Result Date: Feb. 8, 2007 | Filing Date: Jan. 1, 1900 |

Case number: CIV 452721 Bench Decision –  Defense

Court

San Mateo Superior


Attorneys

Plaintiff

Paul J. Wagstaffe


Defendant

John L. Flegel

Lee J. Danforth
(Coddington, Hicks & Danforth APC)


Facts

On her way to the grocery store, plaintiff Kathleen Bonner, 78, was knocked to the ground after being hit by a car driven by defendant, Shaughnessy McGehee, as he was travelling northbound on University Drive, in Menlo Park. The plaintiff sued McGehee for negligent operation of a motor vehicle and the city of Menlo Park for premises liability. After accepting a settlement offer through McGehee's insurance, Bonner pursued her claim against Menlo Park.

Contentions

PLAINTIFF'S CONTENTIONS:
Bonner argued the city had placed a stop sign in a dangerous position in the northbound lane of University Drive. She claimed this caused McGehee to not notice the stop sign before hitting her.

DEFENDANT'S CONTENTIONS:
Menlo Park argued that even if the stop sign was improperly placed, McGehee admitted he stopped in the middle of the intersection and looked before he hit Bonner.

Specials in Evidence

Bonner sought $400,000 in past medical bills.

Damages

Bonner requested an unspecified amount in damages for past and future pain and suffering.

Injuries

Bonner suffered a bruised hip and a broken leg. She was admitted in the hospital and stayed at convalescent homes for three months to undergo surgeries and physical therapy.

Result

The judge granted Menlo Park's motion for summary judgment.


#98577

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390