Hernandez v. Imperial Irrigation Dist.

Plaintiffs, as heirs at law of Esteban Hernandez, appeal from a summary judgment in a wrongful death action in favor of defendant, a public entity. Hernandez was killed in an accident allegedly caused by the defective condition of an unpaved maintenance road under the control of defendant. The road adjoined a drainage ditch both of which were constructed and maintained by defendant upon an easement owned by it.

Defendant moved for a summary judgment on the ground “Section 831.4 of the California Government Code provides absolute immunity for injuries resulting from the condition of irrigation…