Fuller

Fuller v. Department of Transportation

Good Law
107 Cal. Rptr. 2d 823·2001 Cal. App. LEXIS 447·2001 Daily Journal DAR 5919·89 Cal. App. 4th 1109·2001 Cal. Daily Op. Serv. 4831
Court of Appeal of CaliforniaJune 11, 2001E026784California2,950 words

Opinion

Opinion

Ward, J.

Plaintiffs and appellants Jaimie and Christopher Fuller, and Brooke, Jamie and Robin Knowles, filed actions for wrongful death when their decedents were killed in an automobile accident on Highway 395 near the community of Olancha in Inyo County. Plaintiffs sued the other motorists involved, as well as defendant and respondent State of California, Department of Transportation (hereafter Caltrans). The theory pled against Caltrans was liability for a dangerous condition of public property. The trial court granted Caltrans’s motion for summary adjudication of issues with respect to some aspects of design immunity. After the close of plaintiffs’ case, the court also granted Caltrans’s motion for nonsuit. Plaintiffs appeal from the judgment of nonsuit. They argue that the court erred in granting summary adjudication of issues, that the court erred in excluding certain evidence at trial, and in granting the motion for nonsuit. We shall affirm the judgment.

Facts and Procedural History

Olancha is a small community located south of Bishop, California, on Highway 395. State Highway 190, the major road to Death Valley, abuts Highway 395 in the Olancha area. On the morning of…

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