Motion for Summary Judgment – Thel v. Capistrano USD

Attorneys Courtney L. Hylton and Brendan M. Gardiner obtained summary judgment of a lawsuit filed by a plaintiff arising from an after school collision when Plaintiff sprinted across the street in front of the campus and was struck by an oncoming vehicle. Plaintiff was unconscious at the scene and in a coma for 5 days. Plaintiff brought suit alleging one cause of action against the District for Dangerous Condition of Public Property based on the design of the street and failure to warn of a dangerous condition. The District brought a Motion for Summary Judgment based upon design immunity (Government Code section 830.6) and sign immunity (Government Code section 830.4, 830.8).  The Court agreed with the District and granted the District’s MSJ.