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CEJA v. DEPARTMENT OF TRANSPORTATION

No. F058568.

201 Cal.App.4th 1475 (2011)

ALEJANDRO CEJA et al., Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 21, 2011.

Attorney(s) appearing for the Case

Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, Law Offices of Carcione, Cattermole, Dolinski, Stucky, Markowitz & Carcione, Joseph W. Carcione, Jr. , Gary W. Dolinski and Joshua S. Markowitz for Plaintiffs and Appellants.

Ronald W. Beals , Thomas C. Fellenz , Jeanne Scherer , Peter Winslow and Peter Ackeret for Defendant and Respondent.

OPINION

LEVY, Acting P. J.—

In May 2003, Gerardo Ceja and Simon Olivarez were killed in a cross-median accident on State Route 99 (SR 99). Appellants, the decedents' surviving family members, sued respondent, the Department of Transportation (Department), for wrongful death damages. Appellants alleged that the lack of a median barrier created a dangerous condition.

In 1992, the Department conducted an investigation of the stretch...

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