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SCHONFELDT v. STATE OF CALIFORNIA

Docket No. B110639.

61 Cal.App.4th 1462 (1998)

BRIAN SCHONFELDT, a Minor, etc., Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

February 9, 1998.

Attorney(s) appearing for the Case

COUNSEL

Knapp, Petersen & Clarke, David C. Haber, Penny L. Wheat and Cyril Czajkowskyj for Plaintiff and Appellant.

William M. McMillan, Daniel C. Murphy, David N. Sandler and Kenneth G. Nellis for Defendant and Respondent.

OPINION

GILBERT, J.

A teenager climbs a freeway fence and runs across the freeway. He is struck by a truck and is seriously injured. This is a use of the freeway without due care in a manner which is not reasonably foreseeable. Therefore, the State of California is not liable for his injury under the California Tort Claims Act.

Gary and Nancy Schonfeldt, as guardians ad litem for their son, Brian Schonfeldt, appeal from the...

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