Dutton v. City of Pacifica

Opinion

DOSSEE, J.

Plaintiff Sherri Lynn Dutton (Dutton), through her guardians ad litem, appeals from a judgment in favor of defendants City of Pacifica (the City) and Pacifica Police Officer Anthony Risso (Risso). Dutton contends that the trial court’s order granting summary judgment must be reversed because there is a triable issue of material fact as to whether Risso owed her a duty of care. We disagree and affirm.

I. Factual and Procedural Background

On August 17, 1991, Dutton was seriously injured when the truck in which she was riding failed to negotiate a left turn. Following the accident, Dutton filed a complaint against the City, Risso, and a number of other defendants. The complaint alleged that the City and Risso were liable because Risso had negligently ordered Dutton to ride in the back of the truck. On May 18, 1993, the City and Risso filed a motion for summary judgment. In connection with the motion, the following facts were established.

On the evening in question, Dutton arrived at Frontierland Park in a van driven by Larry Shores (Shores). The van was carrying four passengers besides Shores and Dutton. Steve Thomas Quinn (Quinn) and two passengers arrived at the park in Quinn’s truck. The bed of Quinn’s truck was covered by a camper shell. The truck was parked on the street and not within the confines of the park.

Eventually, Shores left the park area in his van. Shortly thereafter, Risso arrived and approached Quinn and a friend, who were standing behind Quinn’s truck. The seven other people present, including Dutton, jumped into the cab of the truck. Risso told Quinn to leave because the park closed at 11 p.m. and because the City had an 11 p.m. curfew for minors. Quinn told Risso that he was waiting for Shores and that his father did not want anyone to ride in the back of the truck. While Risso and Quinn were talking, Shores drove past the park in his van, but Quinn did not tell Risso that

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Shores was passing by. Risso advised Quinn that he could not wait for anyone, to “[g]et everybody out of here,” and that “if you guys don’t get out of here, curfew will be enforced.” During the encounter, Risso also inspected Quinn’s driver’s license. Quinn was a minor and had only been licensed to drive for a few months.