Parker v. Cal. Dept. of Transp
On October 11, 2003, Mary Jane Parker suffered catastrophic injuries while driving her 1999 Saturn Sedan westbound on State Route (SR) 58 in Kern County when she was struck by an eastbound 2001 Mazda 626 which had crossed into the westbound lanes unimpeded by a median barrier. The Mazda driver, Catrina Ramos Gonzalez, had lost control of her vehicle in a curve and had traveled through the paved center divider. Gonzalez was fatally injured. She was also found to be at fault for the collision.
Parker subsequently filed suit against the California Department of Transportation (Caltrans, or more generally the State) on the theory that the absence of a median barrier at the collision site constituted a dangerous condition of public property. (Gov. Code, 835.) The trial court granted summary judgment for the State on the ground of design immunity ( 830.6), and Parker appealed. Court affirm.
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