Salas
Salas v. Department of Transportation
Opinion
Lead Opinion
Duarte, J.
*1061 Opinion
A vehicle traveling on State Route 12 (SR 12), a state highway, collided with a pedestrian, Paula Salas. 1 Paula sustained serious injuries and ultimately died. Subsequently, the administrator of Paula’s estate, Jose Salas, her husband Alberto, and her two sons (collectively plaintiffs) filed a civil complaint against the State of California, Department of Transportation (Caltrans). The complaint asserted three causes of action: (1) wrongful death based on a “dangerous condition” of public property pursuant to Government Code 2 section 835; (2) loss of consortium; and (3) a survivor’s action. Caltrans moved for summary judgment or, in the alternative, summary adjudication, contending that a dangerous condition of public property did not exist at the accident location. The trial court agreed and granted summary judgment. Plaintiffs appealed.
We affirm. We find Caltrans carried its burden to establish a prima facie case of no dangerous condition. Most of plaintiffs’ evidence offered in opposition was excluded by the trial court. We find either that the court’s rulings were correct or that plaintiffs forfeited their challenge to the evidentiary rulings by failing to…