Alvarez

Appellant Rosario Alvarez was severely injured and her son was killed when a northbound vehicle, which had veered across the median, struck her southbound vehicle on State Route 99 (SR 99) in Kern County. Alvarez sued the State of California (State) alleging that the lack of a median barrier constituted a dangerous condition on public property. The trial court granted summary judgment for the State based on design immunity (Gov. Code, § 830.6). Alvarez appeals from the judgment entered on that order contending: (1) the State failed to establish with competent evidence the discretionary approval of the plan element of design immunity and (2) even if the State established initial immunity, changed conditions defeated design immunity.

We reconsider our holding in Bane v. State of California (1989) 208 Cal.App.3d 860 [ 256 Cal.Rptr. 468 ], which interpreted the 1979 amendment to section 830.6. On reconsideration of the issue we hold that changed physical conditions are necessary to defeat design immunity. Design immunity is lost only if the design under changed physical conditions has produced a dangerous condition.

Facts and Procedural History

The accident occurred 0.49…