Transportation Contractor Wins Summary Judgment

April 1, 2004

The City of Simi Valley had a construction project for street rehabilitation that included a "t-intersection." Excel Paving Company was awarded the general contract and retained several subcontractors, including Super Seal & Stripe, Inc., to perform the signing and striping. Both Excel and Super Seal completed their work pursuant to the contract and under the supervision of the City's engineers. No stop sign at the "t-intersection" was required as part of the work under the contract. The City approved the work and accepted the job as complete.

More than three months after completion of the project, Plaintiff was involved in an automobile accident at this intersection. Plaintiff was traveling on a road which terminated at the "t-intersection," and started to turn left at the intersection. He did not stop before turning and collided into the other vehicle, thereby sustaining injuries.

Plaintiff contended that there had been a stop sign at the "t-intersection," but the stop sign had been removed or had not been replaced during the street rehabilitation project. Plaintiff alleged that Excel and Super Seal, among others, were negligent in either removing or failing to replace the stop sign.

Super Seal's motion for summary judgment was granted as the court ruled as a matter of law, it was immune from liability by performing the contract as specified.

The matter was handled by Tom Y. Mei, Michelle A. Hancock and Eric P. Weiss.