Tolan v. State Ex Rel. Depatment of Transportation

Opinion

McDANIEL, J.

The action in the trial court was for personal injuries suffered by a pedestrian when a motorist jumped an angling curb where the roadway narrows. Among the defendants sued was the State of California, and, with reference to the state and the other public entity defendants, it was alleged that they were “the builders, owners, operators and maintainers” of the public road at the place where it narrowed from four lanes to two lanes.

The state in its answer alleged by way of affirmative defense that the subject portion of the roadway was not owned, maintained or controlled by…