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WEINSTEIN v. CALIFORNIA DEPT. OF TRANSP.

No. H028124.

42 Cal.Rptr.3d 417 (2006)

139 Cal.App.4th 52

Gary WEINSTEIN, et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Court of Appeals of California, Sixth District.

April 3, 2006.

Attorney(s) appearing for the Case

Kenneth Alan Lipson, Law Offices of Kenneth A. Lipson, Jason A. Pollack, Law Offices of Jason A. Pollack, San Francisco, for Appellant Gary Weinstein, et al.

Bruce A. Behrens, Chief Counsel, David Gossage, Deputy Chief Counsel, Ronald W. Rogers, San Francisco, Kenneth G. Nellis, for Respondent California Dept. of Transportation.

MIHARA, J.

Plaintiffs Gary Weinstein and Ryan Mitchell were injured in a cross-median collision on Highway 101 and sought to hold defendant California Department of Transportation liable for their injuries on the ground that the accident location was in a dangerous condition. Defendant obtained summary judgment based on design immunity, and plaintiffs appeal. We affirm the judgment.

I. Background

The operative complaint is plaintiffs' second amended...

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