Zuniga

I. INTRODUCTION

While riding in a car driven by Guillermo Najera, 1 appellant Richard Zuniga Jr. was seriously injured when Najera lost control of the car, drove off Highway 4, hit the end of a guardrail, and went down an embankment. Appellant brought suit against the State of California (Caltrans) for a dangerous condition of public property (Gov. Code, § 835) and Najera for negligence. After five weeks of trial, the trial judge granted Caltrans‟ motion for nonsuit/directed verdict on the ground that there was no substantial evidence of a dangerous condition. Appellant contends the trial court erred in ruling that there was insufficient evidence of a dangerous condition for the issue to be submitted to the jury. Appellant also contends that CalTrans was not entitled to nonsuit/directed verdict on the basis of design immunity because the as-constructed guardrail failed to conform to design plans and standards. In a separate appeal, appellant contests an order granting Caltrans expert witness fees. Finding no error, we will affirm.

1 Guillermo Najera is not a party to this appeal.

II. FACTUAL AND PROCEDURAL BACKGROUND

On September 19, 2007, appellant filed a complaint in…