Schultz

Schultz v. San Francisco Bay Area Rapid Transit District

Good Law
240 F. App'x 766
United States Court of Appeals for the Ninth CircuitJuly 18, 2007No. 05-16487California469 words

Opinion

Lead Opinion

MEMORANDUM *

Beverly Schultz appeals both the summary judgment entered in favor of Bay Area Rapid Transit District (BARTD), and the order awarding attorney’s fees and costs to BARTD. We affirm.

I

There is no competent evidence in the record that raises a triable issue of fact about BARTD’s design immunity for the deficiencies Schultz claims, or about loss of this immunity. See Comette v. Dep’t of Tramp., 26 Cal.4th 63, 69, 72 , 109 Cal.Rptr.2d 1 , 26 P.3d 332 (2001). She does not contest design immunity on appeal, and even if the excerpts she attaches were properly before the court (which they aren’t), there is no evidence that changed conditions were not factored into the original design, or have made BARTD’s operation more dangerous. See, e.g., Weinstein v. Cal. Dep’t of Transp., 139 Cal.App.4th 52, 60 , 42 Cal.Rptr.3d 417 (2006).

Although Schultz argues that the district court failed to consider the impact of Cal. Civ.Code § 2100, she develops no argument with respect to it that is sufficient to raise the issue on appeal. See, e.g., Kopczynski v. The Jacqueline, 742 F.2d 555, 560 (9th Cir.1984). In any event, it is uncontroverted that BART trains have numerous handholds…

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