Dees v. 520 Capitol Mall
Plaintiff Dana Dvorakova Dees was riding her bicycle on the sidewalk of N Street in Sacramento when she was struck by a motor vehicle pulling onto N Street from an alley on property owned by defendant 520 Capitol Mall Inc. After settling her lawsuit against the motorist, plaintiff seeks to impose liability on defendant for negligence and premises liability. Plaintiff appeals from summary judgment entered in favor of defendant and the denial of plaintiffs motion for new trial. Plaintiff contends triable issues exist as to whether bushes and a building obstructed the view and contributed to the accident. Court shall conclude the dispute about the alleged obstructions is immaterial, because undisputed evidence showed plaintiff and the motorist saw each other in time to avoid the accident, and plaintiff admitted she kept going because she assumed the motorist would stop. Court shall therefore affirm the judgment.
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