The Sacramento Superior Court granted the city's Motion for Summary Judgment dismissing the case. Plaintiff appealed, arguing that a lack of prior claims does not equal lack of prior knowledge of a dangerous condition. The city admitted in depositions many vehicles had previously struck this median, even if no injury claims were presented. This case was fought all the way to the California Supreme Court, which affirmed the opinion of the 3rd District Court of Appeals, overturning the city's victory on summary judgment. This resulted in a published opinion, providing supporting case authority for other injury victims. Lane v. City of Sacramento (2010) 183 Cal.App.4th 1337, 107 Cal.Rptr.3d 730.
Click here for the 3rd District Court of Appeals opinion.