Black v. State of California CA5

Filed 8/26/15 Black v. State of California CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

ROBERT BLACK et al., F069720 Plaintiffs and Appellants, (Super. Ct. No. CV278304) v.

STATE OF CALIFORNIA et al., OPINION

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Kern County. David R. Lampe, Judge. Alderlaw, Michael Alder, Jennifer P. Burkes and Jefferson Saylor for Plaintiffs and Appellants. Kamala D. Harris, Attorney General, Kathleen A. Kenealy, Chief Attorney General, Kristin G. Hogue, Assistant Attorney General, Joel A. Davis and Benjamin Barnouw, Deputy Attorneys General, for Defendants and Respondents. -ooOoo-

This case arises from an automobile accident that occurred at night on a four-lane highway when Robert Black stopped his car in the left lane (fast lane) next to a California Highway Patrol (CHP) car that was stopped in the number two lane with its emergency lights activated. While stopped, appellants’ car was hit from behind by another car. Appellants challenge the grant of summary judgment in favor of the State of California and CHP Officer Jonathan Pope on appellants’ complaint for negligence and dangerous condition of public property. According to appellants, triable issues of material fact exist regarding whether Officer Pope was negligent when he blocked one lane of the highway and whether Officer Pope created a dangerous condition on public property. Summary judgment was properly granted. Officer Pope did not owe appellants a duty of care under these circumstances and the highway was not defective. Therefore, the judgment will be affirmed. BACKGROUND On a February night at approximately 9:45, Robert Black was driving on State Route 14, a four-lane highway, with his wife, Rachel, and three children as passengers. While driving in the left lane, Robert noticed a CHP vehicle was stopped in the right lane with its overhead emergency lights activated. Robert pulled up next to the CHP vehicle and stopped. Robert rolled the passenger window down and shouted to CHP Officer Pope to get his attention. Around 10 to 15 seconds after he stopped, Robert’s car was hit from behind by another car. Robert, Rachel and two of their children, Logan and Landen, were injured in the collision. Robert and Rachel’s daughter was killed. Pope was stopped in the right lane to prevent vehicles from traveling in that lane because there was a person threatening to commit suicide by jumping off an overpass approximately 200 feet ahead. This suicidal person was outside of the chain link fence along the overpass but was being restrained by a third party standing inside the fence.