Lewis v. City of Los Angeles

Opinion

AMERIAN, J.

Background

This is an appeal from a judgment entered on May 19, 1981, in favor of respondent the City of Los Angeles (hereinafter City) in an action for personal injuries instituted by appellant Wakking L. Lewis, a minor, by and through his guardian ad litem, Margie Lewis.

On November 8, 1975, appellant was struck and seriously injured by a motorist while he was crossing the intersection at Santa Barbara and Walton Avenue. When appellant was struck he was walking inside a crosswalk which was demarcated in white.

The theory of liability set forth in the complaint is that the crosswalk, owned and maintained by the City, constituted a “concealed trap due to the heavy traf

[520]

fic flow on Santa Barbara Avenue and the fact that there was no traffic signal light regulating said mid-block crosswalk.” At trial, however, appellant’s theory of liability rested solely upon the proposition that Government Code section 815.6 and Vehicle Code section 21368 imposed a mandatory duty upon the City to provide a yellow crosswalk rather than the white one used by appellant.

Together, Government Code section 815.6

1

and Vehicle Code section 21368

2

provide that the City is liable for any injuries proximately caused from a failure to provide a yellow crosswalk and accompanying warning signs “[w]henever a marked pedestrian crosswalk has been established in a roadway

contiguous

to a school building or the grounds thereof.” (§ 21368, italics added.)

The subject crosswalk is located 210 feet from the periphery of the Manual Arts High School grounds. Immediately adjacent to the northernmost boundary of the school grounds is 40th Street which is a 2-lane, 30-foot wide improved street. One city block spans the 180-foot distance between the northern curb of 40th Street and the subject crosswalk. A residential area is located on the southwest comer of this block and a commercial auto repair shop is located on the northwest comer of this block. (See attached appendix,