Bane

Statement of the Case

This appeal follows the trial of consolidated actions for personal injuries and wrongful death arising out of a two-car collision on May 30, 1985. Plaintiff, George Bane, and plaintiff’s decedent, Timothy England, were traveling westbound on State Route 152 when their Toyota van was struck by a vehicle driven by David Castro, who was making a left turn from eastbound Route 152 to northbound Route 33.

Plaintiffs sued the State of California on the theory the intersection constituted a dangerous condition of public property. The state raised the defense of design immunity pursuant to Government Code section 830.6. Trial commenced July 21, 1987. After nine days of testimony, the court ruled that design immunity had been proved and entered judgment in favor of the state.

The issue before this court is whether the evidence produced at trial was sufficient to support the design-immunity defense, specifically whether: (1) the 1984 design changes in the intersection were properly approved; (2) all of the design changes were on the plans as approved; and (3) if the state had design immunity for the 1984 changes, the immunity ended once the state had notice…