Public Utilities Commission v. Superior Court

Opinion

WILLHITE, Acting P. J.—

INTRODUCTION

This mandate proceeding challenges the trial court’s denial of a motion for summary adjudication or judgment brought by California’s Public Utilities Commission (PUC) in a wrongful death action arising out of a fatal accident at a railroad crossing. The crossing is controlled by flashing lights. Plaintiffs claim that the railroad crossing constitutes a dangerous condition because a 1989 PUC recommendation to upgrade the crossing’s warning devices by installing a gate was not implemented. In responding to the PUC’s motion, plaintiffs conceded that the…