Hill

Hill v. People Ex Rel. Department of Transportation

Good Law
154 Cal. Rptr. 142·1979 Cal. App. LEXIS 1584·91 Cal. App. 3d 426
Court of Appeal of CaliforniaApril 2, 1979Civ. 54033California1,957 words

Opinion

Opinion

Ashby, J.

Plaintiff and appellant Sally Hill appeals from an order dismissing her complaint for personal injuries as to defendant and respondent State of California following the sustaining of respondent’s demurrer to the third amended complaint without leave to amend.

The facts as alleged in appellant’s third amended complaint are that in June 1975 codefendants Lilly and Mobile Aircraft Hangar Company desired to transport a hangar by tractor trailer from Paso Robles to Long Beach. The height of this load was 15 feet 7 inches, which is greater than the height normally permitted by the Vehicle Code. Codefendants applied for and received from the California Department of Transportation (Caltrans) a permit to transport the oversized load. Caltrans attached to the permit the route which codefendants were to use, including U.S. 101 between state Route 23 and Interstate 405. This route included the Kanan Road overpass, which had a height of only 15 feet 3 inches. When the tractor trailer driven by codefendant Sampson came to the Kanan Road overpass, the load struck the overpass, fell to the highway and struck appellant’s vehicle, causing personal injuries and property damage.

Appellant…

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