Cameron v. City of Gilroy

DOOLING, J.

Respondent, Annie Cameron, received personal injuries when her foot slipped while she was entering a marked crosswalk leading across Monterey Street in the

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city of Gilroy. The city of Gilroy had constructed some years before an approach to the crosswalk leading from the theretofore existing sidewalk into the street. The sidewalk level at that point is 10 inches above the street level and the approach, in the form of an arc-shaped ramp, was flush with the sidewalk at its higher end and, in a length of 33 inches, curved downward with an increasing pitch to meet the street level at its lower end. Aptly described by some witnesses as “barrel-shaped,” it was constructed of a surface of concrete poured over a curved iron frame. The plaintiff’s fall was caused by her foot slipping from under her when she placed it upon the curved surface of the ramp. The court, sitting without a jury, gave plaintiff judgment for damages against the city of Gilroy and the city has appealed.

Photographs of the ramp are in evidence and from a side view it seems obvious that its curved surface as it sloped into the street was not well designed to secure a sure footing for pedestrians. This is supported by the testimony of witnesses that prior to respondent’s mishap other persons, particularly women, seeking to use it had lost their footing on its curved surface.

Monterey Street is a state highway and appellant seeks to escape liability on the ground that this ramp being located upon, and a part of, a state highway, respondent city had no legal authority to repair or remove it. In support of this argument appellant relies heavily upon

Gillespie

v.

City of Los Angeles,

36 Cal.2d 553 [225 P.2d 522], We have concluded that on its facts this case is not controlled by the Gillespie ease.

The ramp in this case was admittedly constructed by the city of Gilroy under the direction of its superintendent of streets. By reason of its shape it was neither designed, nor could it be used, for vehicular travel. The sides of the ramp are vertical and, rising in a curve to a height of 10 inches, it presents an obstacle to vehicular traffic, rather than being designed for its use. It was obviously designed and intended solely for pedestrian travel. A contract between the State Highway Department and appellant city, entered into long after the ramp was in place, was introduced into evidence. This contract is similar in form to the contract considered in the Gillespie case and contains the following provisions: