Higgins
Higgins v. State of California
Opinion
Opinion
Sonenshine, J.
John Higgins and Stacy Higgins appeal from a judgment in favor of the State of California (the state) in an auto accident/ personal injury action. The court granted the state’s motion for summary judgment based on design immunity. (Gov. Code, § 830.6.) (All statutory references are to the Government Code.) The Higgins contend the state failed to establish all the elements of a complete defense.
FACTUAL AND PROCEDURAL BACKGROUND
On the morning of November 22, 1990, John and Stacy Higgins’s vehicle, traveling southbound at 65 miles per hour in the carpool lane of the 1-405 freeway, collided with a vehicle attempting to merge. The Higginses’ car, impacted at the right front bumper and fender, ricocheted across the center median strip and into the northbound lanes of the freeway, where it was struck again before coming to rest on the east shoulder. John and Stacy (collectively Higgins) sustained injuries in the accident.
In September 1991, Higgins filed a complaint for damages, naming the owners and drivers of the other two vehicles and various governmental entities, including the state’s Department of Transportation (Caltrans). Higgins alleged the state’s liability for…