McGarity

Plaintiffs Michael McGarity, William Parks, and Dorothy Isenberg appeal from a judgment in favor of defendant State of California, Department of Transportation (the State), following jury trial of plaintiffs’ claims for personal injury and wrongful death arising from a motor vehicle accident allegedly caused by a dangerous condition of public property. On appeal, plaintiffs contend the trial court erred in (1) allowing a defense witness to violate an in limine order excluding evidence; (2) limiting plaintiffs’ cross-examination of a defense expert witness; (3) submitting an improper special verdict form to the jury; and (4) submitting to the jury an improper question to clarify the verdict. Plaintiffs also contend that the evidence is insufficient to support the jury’s special finding of lack of foreseeability and that foreseeability was established as a matter of law. The State cross-appeals from the trial court’s order granting plaintiffs’ motion to tax costs as to expert witness fees paid by the State in order to depose plaintiffs’ designated experts. We will affirm the judgment and will affirm the order taxing costs.

Factual Background

At about 7 p.m. on the night…