Uyeno

Dennis Uyeno and Nita Uyeno (appellants) appeal from a judgment dismissing their action against the State of California (respondent), for the wrongful death of their son, James. James was struck and killed by a small truck as he crossed a street at a controlled intersection. Appellants claimed that improper timing of the traffic signals at the intersection caused the accident. Upon the close of evidence in a jury trial, the court granted the state’s motion for judgment based upon the design immunity defense set forth in Government Code section 830.6. We affirm the judgment for the reasons stated below.

Facts

James Uyeno, age 10, was killed on July 5, 1985, while riding his bicycle home from summer school. He was attempting to cross Alum Rock Avenue (State Route 130) at its intersection with Fleming and Kirk Avenues in the City of San Jose (see diagram in appendix). James stopped on the sidewalk to wait for the walk signal. When the walk signal appeared, he proceeded, half walking and half riding his bicycle, into the marked pedestrian crosswalk. A truck being driven by Lisa Bishop westerly on Alum Rock came across the full length of the intersection and struck…