Zelms Erlich Lenkov attorneys Rinat B. Klier Erlich and Jennie Raphelt secured a complete defense victory for Friends of ECR in a negligence action arising from a pedestrian accident near a carnival event.
The lawsuit involved claims brought after a pedestrian was struck by a vehicle while crossing Valley Circle Boulevard outside of a marked crosswalk. Plaintiffs alleged that Friends of ECR, which was operating a carnival at the grounds of El Camino Real Charter High School, owed a duty to provide safe access to the event, manage increased traffic, warn drivers of pedestrians, and warn pedestrians not to cross outside the crosswalk.
The court granted Friends of ECR’s motion for summary judgment, dismissing the claims before trial.
In granting summary judgment, the court found that ECR neither owed nor breached a duty to the decedent. The court noted that ECR’s carnival permit did not require or authorize it to manage access to the event or control traffic, and that the accident occurred on a public street outside a marked crosswalk.
The court further found that plaintiffs failed to establish a triable issue of material fact as to duty. Relying on established California authority, the court noted that courts have consistently declined to impose a duty on private parties to control traffic or ensure safety on adjacent public streets or areas outside their ownership or control.
In the end, the court found that ECR had no duty to provide safe access to the event, control or manage traffic, warn of increased traffic, warn drivers to look out for pedestrians, or warn pedestrians not to cross outside the crosswalk. The court also noted that plaintiffs offered no evidence of causation.
This ruling ended the claims against ECR before trial and avoided the time, expense, and uncertainty of continued litigation. For event organizers, property owners, schools, venues, and businesses that host or support public-facing events, the decision highlights the importance of a strong early defense strategy when claims are not supported by the facts, pleadings, or governing law.
ZEL congratulates Rinat B. Klier Erlich and Jennie Raphelt on this successful result for Friends of ECR.
