about
the case
An 11 year old girl, was walking across Walnut Street with her sister when she was struck and killed by a car driven by Defendant Driver. There was apparently no traffic signal or stop sign at the cross walk. The deceased girl's parents, Plaintiffs, sued Defendant driver for vehicular negligence, and the City of Walnut for premises liability for a dangerous condition. Plaintiffs sued for wrongful death damages, as well as emotional distress damages as the deceased girl's sister witnessed the accident. Plaintiffs argued that the City did not properly maintain a broken "banner light." Plaintiff's further argued that Defendant Driver should have stopped his car for pedestrians. Defendant Driver blamed the City for poor lighting, claiming he could not see the pedestrians. The City denied there was a dangerous condition on the sidewalk.