Burke Public Law Litigation Defense Team Wins Summary Judgement for City of Santa Clarita in Personal Injury and Dangerous Condition Case
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Burke Public Law Litigation Defense Team Wins Summary Judgement for City of Santa Clarita in Personal Injury and Dangerous Condition Case

Dec 11, 2024

Santa Clarita, CA – A Burke Public Law Litigation team secured summary judgment in favor of the City of Santa Clarita in the Los Angeles Superior Court against Plaintiffs’ alleged claims of dangerous condition of public property, loss of consortium, and wrongful death.  In Stellina Parco, John Parco v. Henkels & McCoy Inc., Southern California Gas Company, City of Santa Clarita, Helen Ann Lynn, Alexander Gray Popejoy, et al. (22STCV20692), the Court determined that a dangerous condition did not exist as a result of traffic lane closures at a major intersection during a utility infrastructure construction project.

The action arose out of a September 2021 motor vehicle collision at the intersection of Lyons Avenue and Avenida Rotella in the City of Santa Clarita. Decedent Stellina Parco was a passenger in Co-Defendant Helen Ann Lynn’s vehicle. As Lynn was attempting to execute a left turn at the impacted intersection, her vehicle was struck by Co-Defendant Alexander Gray Popejoy’s vehicle. Stellina Parco suffered injuries as a result of the accident and subsequently died in March 2024.

Plaintiffs alleged that the project and subsequent lane closures created a dangerous condition of public property because it allegedly caused a visual obstruction. However, Lynn testified at her deposition that the project did not create any visual obstructions and that Popejoy’s vehicle was not obstructed in any way. Additionally, Popejoy testified that he viewed Lynn’s vehicle prior to her attempted execution of the left turn.

As a result, Plaintiffs could not establish that the City created a dangerous condition, and the court granted summary judgment accordingly.

The City’s defense team included Burke partner Brian I. Hamblet and associate Robert L. Theiring.  Mr. Hamblet reflected “We are pleased with the Court’s decision and believe it correctly determined that summary judgment was appropriate in light of the evidence.”

(This verdict is also reviewed in the December 20, 2024  edition of The Daily Journal Verdicts & Settlements tab.)