Wolkoff

BACKGROUND

In June 2009, Jerald Wolkoff and Sandra R. Wolkoff (collectively, the Wolkoffs) filed a first amended complaint against CalTrans and other parties. Two months later, Burkowski sued CalTrans and others as well. The Wolkoffs and Burkowski each brought a cause of action against CalTrans for dangerous condition of public property, that being 2 State Route 1 near the intersection of Green Oaks Way. They alleged that at the time of the accident, this public property ―was in a dangerous condition in that the roadway design provided high speed passing lanes to merge to a single lane within a short distance of a crest of a hill and where vehicles making left turns onto an intersecting road would occur.‖ According to plaintiffs, ―This area created and constituted a ‗trap‘ for motorists using the roadway with due care . . . . CalTrans provided no warning of left turning vehicles at a point just over the crest of a hill where two passing lanes merged into a single southbound lane.‖ Also, they alleged, CalTrans had notice of this dangerous condition, and knew or should have known of its dangerous character in sufficient time prior to June 21, 2008, to have taken measures to protect…