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Case Name | McCarty v. State of California Department of Transportation. | |
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Date | 07/10/2008 | |
Note | A public entity can be held liable under the retained control doctrine, provided all the other prerequisites of public entity liability under Government Code section 815.4 are also present. | |
Citation | E040627 | |
WCC Citation | WCC 33962008 CA |
Filed 7/10/08 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO STEPHEN McCARTY, Plaintiff and Appellant, v. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, Defendant and Appellant. In Hooker, as here, the defendant was the State of California, Department of Transportation (Caltrans) -- a public entity. McCarty was left a near-quadriplegic, with complete paralysis from the chest down and weakness in his arms and hands. Finally, it apportioned fault 31 percent to Caltrans, 42 percent to FCI, zero percent to Edison, and 27 percent to McCarty. In opposition, counsel for McCarty testified that, upon receiving the motion, they "undertook to identify various witnesses that provided testimony to support the verdict.
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