PAMELA SHAFER AND MARIA LAMPASONA SUCCESSFULLY MOVED FOR SUMMARY JUDGMENT ON BEHALF OF PUBLIC ENTITY DEFENDANT

Attorneys Pamela Shafer and Maria Lampasona successfully moved for summary judgment on behalf of a public entity defendant in a case in which a bicyclist alleged that she was injured when a semi-truck collided with her in part because a dangerous condition of public property existed at the subject intersection. Defendant argued that the plaintiff bicyclist was an experienced cycler who had taken the same route to and from work every day for two years and had bicycled through the subject intersection at least 500 times without incident and she unreasonably placed herself between the curb and a semi-truck after seeing it pass her, where she was struck when the semi-truck turned right. The Superior Court for the County of Santa Clara agreed with the defense and found that the intersection was not a dangerous condition of public property as a matter of law and that the defendant had no obligation to warn bicyclists of any condition related to the area.