Salas

Salas v. Department of Transportation

Good Law
129 Cal. Rptr. 3d 690·198 Cal. App. 4th 1058·2011 Cal. App. LEXIS 1133
Court of Appeal of CaliforniaJuly 28, 2011No. C063434California6,089 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.