Peltier v. Cal. Dept. of Transportation
An inattentive motorist (who is not party to this appeal) struck a 14-year-old bicyclist, plaintiff Kerri Ann Peltier, in a crosswalk on State Route 36 (SR 36) in Plumas County. Plaintiff, a minor suing through her mother Lorri Shafer, as guardian ad litem, alleges that a dangerous condition of public property (Gov. Code, § 835)[1] makes defendant California Department of Transportation (the State) liable for her injuries. Plaintiff appeals from summary judgment entered in favor of the State, arguing the trial court improperly excluded expert opinion, ruled that prior accidents were not relevant unless similar, and ruled that negligence by any user of public property defeats a claim of dangerous condition of public property.
We conclude plaintiff fails to show evidentiary error and misconstrues the trial court’s ruling, which applied the law correctly. The trial court did not err when it found no triable issues of material fact as to the existence of a dangerous condition.
We affirm the judgment.
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