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Sutton v. Golden Gate Bridge12/3/1998
e manager, "in addition to the lack of a median barrier, lane changing and the changing and timing of lane configurations including the lack of buffer lanes at mid-day were all encompassed within the Deck Replacement Project plans approved by the Board."
In addition, as the District points out, it is entitled to immunity for its decision to prohibit lane changing and any failure to enforce the speed limit. "A public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law." (§ 818.2, see Osgood v. County of Shasta (1975) 50 Cal.App.3d 586, 590 [county was immune from liability for failing to enact or enforce safety regulations regarding water skiing on lake]; see, also § 830.4 ["A condition is not a dangerous condition . . . merely because of the failure to provide regulatory traffic control signals, stop signs, yield right-of-way signs, or speed restriction signs . . . ."].) Further, appellant failed to show that an exception to public entity immunity as set forth in section 830.8 for failing to provide warning signals or signs warning signs was applicable. Finally, the record also fails to support appellant's argument that warning signs were necessary. The alleged dangers were reasonably apparent and would have been anticipated by a person exercising due care. (See § 830.8; see, also Allyson v. Department of Transportation (1997) 53 Cal.App.4th 1304, 1318 [section 831 weather immunity applied where plaintiff failed to offer evidence to rebut showing that snow was reasonably apparent on highway].)
DISPOSITION
The judgment is affirmed. The District shall recover its costs on appeal.
We concur: Reardon, J. McGuiness, J.
Filed 12/29/98
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
DAVID P. SUTTON, Plaintiff and Appellant, v. GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT, Defendant and Respondent.
A078565
(Marin County Super. Ct. No. 165443)
ORDER GRANTING PUBLICATION
BY THE COURT
The requests to publish this court's opinion filed December 3, 1998, is granted and the opinion shall be certified for publication in the Official Reports.
Trial Court: Superior Court Marin County
Trial Judge: Honorable Lynn O. Taylor
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