Weinstein v. Department of Transportation

Opinion

MIHARA, J.

Plaintiffs Gary Weinstein and Ryan Mitchell were injured in a cross-median collision on Highway 101 and sought to hold defendant California Department of Transportation liable for their injuries on the ground that the accident location was in a dangerous condition. Defendant obtained summary judgment based on design immunity, and plaintiffs appeal. We affirm the judgment.

I. Background

The operative complaint is plaintiffs’ second amended complaint. Plaintiffs alleged that, on December 6, 2001, a northbound vehicle crossed over the Highway 101 median .2 miles north of Burnett…