Dean Gazzo Roistacher attorney Kim Sullivan obtained summary judgment in favor of the City of Poway in a case where the plaintiff (represented by Craig McClellan) alleged lifelong brain injuries after he was hit by a car while riding his bicycle along Highway 67 near the Iron Mountain Trailhead. Plaintiff sued the driver, the State and Poway alleging that vehicle parked along Highway 67 caused a dangerous condition because there was not enough space in the off highway trailhead parking lot to accommodate hikers using the trail. In essence, plaintiff alleged that when the vehicles lined up along the shoulder of Highway 67 bicyclists had to go around them and into traffic. Plaintiff alleged that is why he was hit.
The Court granted summary judgment on the ground that Poway did not own or control the highway where plaintiff was injured. Highway 67 is a state owned and controlled highway. Poway did not have any authority or control to make changes to Highway 67 or to decide whether to permit parking along Highway 67 without the State’s concurrence. The State exclusively made the decision to permit parking along Highway 67 at the location of plaintiff’s injury.