Martinez

FACTS

A. The Lawsuits Luis Mendez and the parents of Jesus Colin filed suit against Orozco and the Department, alleging Colin and Mendez were passengers in a vehicle driven by Orozco on SR 57 on January 11, 2009. The complaint alleged Orozco lost control of the automobile, drove across all traffic lanes, left the highway, and went down an embankment where it hit two eucalyptus trees and burst into flames. It further alleged Mendez was found 500 feet away from the car and Colin was found dead inside the vehicle. The complaint also alleged the Department created a dangerous condition at the location of the accident by having an unprotected, steep dirt embankment immediately adjacent to SR 57, and placing eucalyptus trees on the slope. Additionally, it was alleged a guardrail or other protective device should have been in place where Orozco’s vehicle left the highway. Andrew Martinez’s parents also filed suit against Orozco and the Department, alleging Martinez died in the crash. Orozco subsequently filed a cross- complaint against the Department for apportionment of fault, indemnification, and declaratory relief. All matters were consolidated for trial.

B. The Evidence at Trial 1.…