Aklikokou

INTRODUCTION

This appeal arises from a judgment entered after a trial in which the jury found in favor of the California Department of Transportation (Caltrans) and against Ausmila and Hansel Aklikokou (appellants) on public entity liability. Appellants alleged their injuries – incurred when their father, Kokou Aklikokou, rolled the car in which they were passengers – were caused by a dangerous condition of public property. By special verdict, the jury found no dangerous condition existed. Before trial, the court granted Caltrans summary adjudication on several alleged causes of the accident, on the ground of design immunity. As a result, appellants could not present these issues to the jury. They argue on appeal that the motion for summary adjudication was improperly granted, because there were triable issues of fact, and that the presentation of their case to the jury was thereby “eviscerated.” We agree the trial court should not have granted Caltrans’ summary adjudication motion on design immunity. The motion did not dispose of the entire cause of action, as required by Code of Civil Procedure section 437c, subdivision (f)(1). There were still aspects of the cause of action to…