Sutton

Sutton v. Golden Gate Bridge

Good Law
1998 Cal. App. LEXIS 1079·68 Cal. App. 4th 1149·81 Cal. Rptr. 2d 155·98 Daily Journal DAR 13087·98 Cal. Daily Op. Serv. 9394
Court of Appeal of CaliforniaDecember 3, 1998No. A078565California5,646 words

Opinion

Lead Opinion

Hanlon, J.

In this personal injury action, David Sutton (appellant) appeals from the summary judgment entered in favor of respondent Golden Gate Bridge, Highway and Transportation District (District). Appellant contends that there are triable issues of fact as to whether the District established the defense of design immunity and whether it was negligent independent of any design defect. We affirm.

Factual Background

At approximately 1:00 p.m. on November 2, 1994, appellant was involved in an automobile accident on the Golden Gate Bridge. At the time of the accident, there were three lanes operating in each the northbound and southbound directions. Appellant was driving in the northbound No. 1 lane (the far left or “fast” lane) when he was hit by a car driven by Sandra Roberts. Roberts was changing lanes from the center lane to the No. 1 lane when her car sideswiped appellant’s truck. Appellant’s truck skidded to the left, crossed the median and entered the southbound No. 1 lane where it was involved in a head-on collision with a pickup truck driven by Clem Gutierrez. Although the posted speed limit was 45 miles per hour, Roberts admitted that she was traveling between 50 and 60…

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