Fuller
Fuller v. Dep't of Transp.
Opinion
Lead Opinion
Yegan, J.
*1036 A public entity is not liable for an injury caused by a dangerous condition of public property unless the injury was proximately caused by the dangerous condition and the dangerous condition created a reasonably foreseeable risk of the kind of injury which *553 was incurred. ( Gov. Code, § 835 1 ; Cordova v. City of Los Angeles (2015) 61 Cal.4th 1099 , 1105, 190 Cal.Rptr.3d 850 , 353 P.3d 773 ( Cordova ).) Here a motorist with a willful and wanton disregard for the safety of others, recklessly tried to pass a tour bus on State Route 1 near Hearst Castle. He struck a car driven by appellant, Peter Fuller, head-on. Appellant was severely injured and his wife was killed. The jury returned a special verdict that a dangerous condition of public property existed but did not "create a reasonably foreseeable risk that this kind of incident would occur." (Italics added.) Appellant claims the special verdict is fatally inconsistent warranting a new trial. We disagree and affirm the judgment in favor of State of California, Department of Transportation (Caltrans).
Facts and Procedural History
This head-on collision occurred on State Route 1 near Vista Point 1, about two miles south…