Levin v. State of California

Opinion

FEINBERG, J.

Plaintiffs 1 appeal from a judgment of dismissal in favor of the state 2 after the court granted the state’s motion for summary judgment in Levin’s action for wrongful death. For the reasons set forth below we reverse as we have concluded that there are triable issues of fact as to the design immunity defense (Gov. Code, § 830.6.). 3

In reviewing a summary judgment, we are limited to the facts shown in the affidavits and those admitted and uncontested in the pleadings. We determine only whether the facts so shown give rise to a triable issue of fact. Moreover, the moving…