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Case Name | Norcal Waste Systems v. State of California | |
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Date | 07/13/2010 | |
Note | The doctrine of design immunity barred an employer's suit against the state that sought to recoup workers' compensation benefits for an alleged design flaw in a roadway. | |
Citation | C059908 | |
WCC Citation | WCC 36482010 CA |
NORCAL WASTE SYSTEMS, INC. , Plaintiff and Appellant, v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Defendant and Respondent. Plaintiff Norcal Waste Systems, Inc. (Norcal) appeals from a judgment entered after the trial court granted summary judgment in favor of defendant State of California, Department of Transportation (the State). Norcal filed a complaint against Thomas and the State, and alleged it was entitled to recover damages from the State because the State "created and/or caused to exist a dangerous condition of public property within the State of California. "940-941; Higgins v. State of California (1997) 54 Cal. App. 4th 177, 185, abrogated on another point in Cornette. )Citing Cameron v. State of California (1972) 7 Cal. 3d 318, Norcal asserts that such a declaration was required in this case involving an older roadway.
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