Tree In Median Did Not Constitute A Dangerous Condition Of Public Property.

Tree in median

Several persons were killed in an automobile accident. The driver of another vehicle was arrested at the scene and later convicted of vehicular manslaughter. An action against the City for dangerous condition of public property was brought, alleging a magnolia tree on the median, the height of the curb and other design features of the roadway were in contravention of sound safety and engineering principles. In ruling on the City’s motion for summary judgment, the trial court sustained evidentiary objections to much of plaintiff’s evidence, did not find any causal connection between the tree and the accident and entered judgment in the City’s favor. The appellate court found the magnolia tree at the center of the median did not constitute a dangerous condition of public property as a matter of law and affirmed the grant of summary judgment. Cordova v. City of Los Angeles (Cal. App. Second Dist., Div. 1; December 20, 2012) 212 Cal.App.4th 243.