De La Rosa v. City of San Bernardino

In De La Rosa v. City of San Bernardino (1971) 16 Cal. App. 3d 739, two cars collided in an intersection at 3:00 a.m. Stop signs controlled north and southbound traffic, but not east and westbound traffic. One of the plaintiffs, who was driving south, "did not see the stop sign or the warning signs preceding it and entered the intersection without stopping." The trial court granted the city's motion for a directed verdict and the Court of Appeal reversed, finding "there was considerable evidence from which the jury could reasonably have found the existence of a dangerous condition." (De La Rosa v. City of San Bernardino, supra, 16 Cal. App. 3d at page 745.) The appellate court noted a "walnut tree and shrubbery on the west side of Pepper Street impaired the visibility of the stop sign to such an extent that it was barely visible during the day and could not be seen by a southbound motorist at night; there was evidence of numerous accidents at the intersection involving vehicles traveling south on Pepper; there was evidence from which it could be reasonably inferred that the 'Stop Ahead' legend on the pavement was faded." The court concluded reasonable minds could differ on whether the position of the stop sign constituted a dangerous condition. The court pointed out "although a public entity is not liable for failure to install traffic signs or signals . . ., when it undertakes to do so and invites public reliance upon them, it may be held liable for creating a dangerous condition in so doing." (De La Rosa v. City of San Bernardino, supra, 16 Cal. App. 3d at page 746.)