Hernandez v. Imperial Irrigation Dist.

COUGHLIN, J.

Plaintiffs, as heirs at law of Esteban Hernandez, appeal from a summary judgment in a wrongful death action in favor of defendant, a public entity. Hernandez was killed in an accident allegedly caused by the defective condition of an unpaved maintenance road under the control of defendant. The road adjoined a drainage ditch both of which were constructed and maintained by defendant upon an easement owned by it.

Defendant moved for a summary judgment on the ground “Section 831.4 of the California Government Code provides absolute immunity for injuries resulting from the condition of irrigation district maintenance roads.' ’

Pertinent parts of the code section in question provide as follows: “Neither a public entity nor a public employee is liable for an injury caused by a condition of:

(a) Any unpaved road which provides access to fishing, hunting or primitive camping, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard district, bridge or highway district or similar district formed for the improvement or building of public streets or highways. ...”

Defendant’s contention that an irrigation district is not liable for injuries caused by the condition of its maintenance roads is not supported by the code section upon which it relies.

The meaning of a statute is determined from its language considered as a whole.

(In re Lavine,

2 Cal.2d 324, 327 [41 P.2d 161, 42 P.2d 311];

Ex parte Goodrich,

160 Cal. 410, 416 [117 P. 451, Ann.Cas. 1913A 56].) The language expresses the intention of the Legislature in the premises

(Caminetti

v.

Pacific Mutual Life Ins. Co.,

22 Cal.2d 344, 353 [139 P.2d 908]) ; where free from doubt, ambiguity or uncertainty, leaves no room for construction

(ibid.);

and must be followed even though it may appear from other sources the

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