Alvarez v. County of Los Angeles

DORAN, J.

After a trial by jury, plaintiffs recovered judgment for personal injuries alleged to have resulted from the maintenance of an unpaved gravel road known as 80th Street Bast, which road served as a means of access to a small number of ranches located to the northeast of the community of Lancaster in Antelope Valley.

The liability of the county was predicated on the Public Liability Act, making it incumbent to prove, (1) that the highway was in a dangerous or defective condition; (2) that the damages were proximately caused by such condition; (3) that the defendant had notice or knowledge of the dangerous condition; and (4) that having such knowledge, the defendant failed within a reasonable time, to remedy the condition, or to take such action as might be reasonably necessary to protect the public against such condition.

The section-line road in question had existed for many years, and in January, 1952, Mr. and Mrs. Alvarez purchased a ranch located at the intersection of 80th Street Bast and Avenue C. Mrs. Alvarez used 80th Street Bast in driving to and from the ranch on weekends, retaining employment as Assistant Superintendent of Nurses at St. John’s Hospital in Santa Monica. There was evidence that the road was rough, “washboardy,” and covered with loose gravel; that Mrs. Alvarez knew the road was rough, and that Mr. Alvarez had “cautioned me. He said, ‘During the winter months, if you should come up, remember it is a.rough road and slick.’ ”

On Friday, May 16, 1952, the road was dragged by the County Road Department as a part of its regular maintenance. On Saturday morning, May 17, 1952, Mrs. Alvarez, driving a 1951 Ford Sedan, proceeded towards the ranch on 80th Street Bast. Shortly before the accident plaintiff noticed gravel on the road, “and a considerable amount of rock with it or heavy gravel,” and slowed down. The road then “appeared smooth again, and I continued on my way,” at a speed of “about 25 or 30 miles an hour.” Mrs. Alvarez then “saw another rough spot, ... on the right-hand side

[527]

of the road, and the thought in my mind was to avoid it and get into the middle of the road and my car just went out of control. . . . my car just seemed to lurch. ... I remember a terrible crash. I remember also trying to keep my hands on the wheel and trying to right my car, but nothing I could do seemed to help it any.” There was evidence that plaintiff’s car skidded 146 feet down the road and off the road into a power pole 15 feet from the roadway.