Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

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Garret Murai analyzes the mind-twisting case, Rodriguez v. Department of Transportation.

May 16, 2018
Garret Murai - California Construction Law Blog

In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include something else) if you never considered the absence of that “something else?” Think about that for a moment . . . or, better yet, just read on.

Rodriguez v. Department of Transportation
In 2013, a pickup truck traveling westbound on State Route 152 toward Los Banos, California, ran off the road injuring Erik Rodriguez and the driver and killing another passenger. Rodriguez sued the California Department of Transportation (Caltrans) on the ground that the accident was caused by a dangerous condition on public property.

Mr. Murai may be contacted at gmurai@wendel.com



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