Fuller

Fuller v. Dep't of Transp.

Good Law
251 Cal. Rptr. 3d 549·38 Cal. App. 5th 1034
Court of Appeal of CaliforniaAugust 20, 20192d Civil No. B287689California5,211 words

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…

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