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DEPARTMENT OF TRANSPORTATION v. SUPERIOR COURT

Docket No. A069951.

47 Cal.App.4th 852 (1996)

DEPARTMENT OF TRANSPORTATION, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; MARK TATE et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

July 22, 1996.

Attorney(s) appearing for the Case

COUNSEL

William M. McMillan, Brelend C. Gowan, Ralph E. Livingstone, Jr., George L. Cory and Scott M. Burns for Petitioner.

No appearance for Respondent.

Thomas R. Kenney for Real Parties in Interest.

OPINION

DOSSEE, J. —

I. INTRODUCTION

The Department of Transportation (Caltrans) is a defendant in a personal injury action brought by plaintiffs/real parties in interest Mark and Patricia Tate (the Tates). The action arises out of an automobile accident on Highway 37 in Solano County. According to the Tates' complaint, the accident occurred when a vehicle driven by a third party crossed over the center line and struck...

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