Cornette

CROSKEY, Acting P.J.

In this case, we are presented with the question of whether a plaintiff in a personal injury action against a public entity who seeks to defeat the defense of design immunity (Gov.Code, § 830.6) [1] is entitled to a jury trial as to the existence of "changed conditions" which would lead to the loss of that immunity. Despite conceding that factual issues remained as to the question of changed conditions, the trial court denied plaintiffs a jury trial and resolved those issues itself.

Plaintiffs Stacy Cornette and Rodney Cornette appeal the judgment entered in favor of the defendant Department of Transportation ("Caltrans") following the conclusion of a trial limited to the bifurcated design immunity defense asserted by Caltrans. They argue they were improperly deprived of their constitutional right to a jury trial of the disputed issues pertaining to the existence of "changed conditions" which would have justified a denial of that defense. We agree with the plaintiffs and we will therefore reverse the judgment and remand the matter for a new trial.

On May 23, 1992, the plaintiffs were involved in an automobile accident while driving northbound on the…