California Court of Appeal

Summary judgment for defendant-county on plaintiffs' claims for injuries sustained in a vehicle collision is affirmed, where: 1) defendant showed that, with the exception of the lack of a center median space or barrier, plaintiffs could not raise a triable issue of fact that their injuries were proximately caused by the dangerous conditions alleged in their complaint; 2) the evidence established that the accident was caused by the other driver's intentional act of crossing the double yellow line into oncoming traffic; and 3) with respect to any harm arising from the lack of a center median, defendant established its entitlement to design immunity, by showing that an authorized official exercised his discretional authority to approve plans for the highway that included neither a median space nor a barrier.

Appellate Information

• Decided 07/30/2013
• Published 07/30/2013

Judges

• MANELLA

Court

• California Court of Appeal

Counsel