Menges v. Department of Transportation

Court of Appeal, Fourth District, Division 3, California - December 24, 2020 - Cal.Rptr.3d - 59 Cal.App.5th 13 - 2020 WL 7653957 - 20 Cal. Daily Op. Serv. 13,080

Passenger of car involved in motor vehicle accident sued Department of Transportation, alleging negligent construction of an interstate off-ramp, stemming from incident in which tractor-trailer truck exiting from off-ramp broadsided vehicle in which passenger was riding.

The Superior Court granted Department summary judgment on the basis of design immunity. Passenger appealed. Subsequently, the Superior Court awarded Department costs. Passenger appealed, and appeals were consolidated.

The Court of Appeal held that:

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