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MIRZADA v. DEPARTMENT OF TRANSP.

No. C040665.

4 Cal.Rptr.3d 205 (2003)

111 Cal.App.4th 802

Roushon MIRZADA et al., Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Court of Appeals of California, Third District.

Rehearing Denied September 3, 2003.

Review Denied November 12, 2003.

Attorney(s) appearing for the Case

Thomas Breen Kidwell and Thomas Breen Kidwell & Associates, San Jose, CA, for Plaintiffs and Appellants.

Bruce A. Behrens, Chief Counsel, Brelend C. Gowan, Deputy Chief Counsel, Richard A. Wehe, Asst. Chief Counsel, Gary A. Geren, and Kevin M. Corrington, Sacramento, CA, for Defendant and Respondent.

NICHOLSON, J.

Plaintiffs brought this personal injury and wrongful death tort action against the Department of Transportation (Caltrans) after a drunk driver crossed the median on Interstate 5 and collided with them. They assert Caltrans should be held liable because, at the time of the accident, it had not installed a barrier in the median. While they concede Caltrans, at one time, enjoyed immunity for the design at the accident site, they contend Caltrans lost that...

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