Legal Opinion
Mirzada v. Department of Transportation
California Court of Appeal
Decided August 7, 2003No. C040665PublishedCited by 11 opinions
1Opinion of the Court
Opinion
NICHOLSON, J.
Plaintiffs brought this personal injury and wrongful death tort action against the Department of Transportation (Caltrans) after a drunk driver crossed the median on Interstate 5 and collided with them. They assert Caltrans should be held liable because, at the time of the accident, it had not installed a barrier in the median. While they concede Caltrans, at one time, enjoyed immunity for the design at the accident site, they contend Caltrans lost that immunity because the design had become dangerous as a result of changed physical conditions. We conclude, as did the…
2Cases cited6 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Baldwin v. State of CaliforniaCalifornia Supreme Court · 1972
- Cornette v. Department of TransportationCalifornia Supreme Court · 2001
- Alvarez v. State of CaliforniaCalifornia Court of Appeal · 1999
- Higgins v. State of CaliforniaCalifornia Court of Appeal · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Laabs v. City of VictorvilleCalifornia Court of Appeal · 2008
- Jessen v. Mentor Corp.California Court of Appeal · 2008
- Martinez v. New Mexico Department of TransportationNew Mexico Supreme Court · 2013
- Weinstein v. Department of TransportationCalifornia Court of Appeal · 2006
- Dammann v. Golden Gate Bridge, Highway & Transportation DistrictCalifornia Court of Appeal · 2012
6 more not listed; retrieve them via the Exa API.