Full Text of Murray Claims Against City

Jeff and Ling Murray May 17 for wrongful death of their daughter, Calli Murray, 2, and an additional claim by Ling for "severe personal injuries to myself, including fractures and internal injuries and prolonged hospitalization," according to the claim.

"I have injuries that will permanently limit my functional ability," Ling wrote. "I am currently undergoing rehabilitation."

Following is the full text of the claim: 

At the time and place mentioned herein, Calli Murray and Ling Murray were struck by a vehicle proceeding southbound on Snyder Lane as they attempted to cross Snyder Lane eastbound in a marked Crosswalk. Ling Murray suffered severe and permanent injuries and Calli Murray died. 

The roadway and location of the accident was owned, designed, controlled, maintained and repaired by the city of Rohnert Park at the time of the occurrence. Said location was at the time of the occurrence a dangerous condition of public property presenting a substantial risk of injury. The city of Rohnert Park possessed prior to Dec. 1 2010 actual and/or constructive notice of the dangerous condition such that it has a reasonable opportunity to correct the condition.

Said dangerous condition was a legal cause of the injuries and damages to [Ling] and [Calli] in that the dangerous condition was a substantial factor in the occurrence of the collision.

The subject of the roadway, intersection, and crosswalk area were dangerous because as constructed, maintained, designed, managed and repaired said public property presented conditions that rendered it difficult for pedestrians crossing in the crosswalk to observe [a] pedestrian entering the crosswalk or to observe that a crosswalk was present.

A park was adjacent to the intersection and the crosswalk was frequented by small children and their parents.

Due to a combination of factors operating together, including, but not limited to, failure to properly place traffic control devices and proper warning signs and other warning devices creating a hidden trap, a failure to provide roadway and crosswalk markings, lighting and other devices designed to alert operators of vehicles that pedestrians were entering or about to enter the crosswalk, a failure to provide proper and sufficient street or public lighting to allow vehicle operators to see pedestrians entering or about to enter the intersection, the failure to maintain or remove usual obstructions, and other factors, the roadway, crosswalk and intersection presented a foreseeable risk of harm to those using them with due care.

[Ling and Calli] were using said public property with due care and were inquired as a legal result of such [a] dangerous condition.