Irvine : Irvine Co. Not Liable in Crash on Private Road

A state appellate court has ruled that the Irvine Co. is not legally responsible for a fatal car crash that occurred on a private road.

In a decision issued Thursday, a three-judge panel of the state Court of Appeal found that state law entitles the company to immunity, even though the accident occurred on a private road in Irvine that is owned and maintained by the company.

The ruling stems from an accident in October, 1980, when Edward D’Cunha, 32, and his next-door neighbor were driving about a mile north of Irvine Boulevard on Jeffrey Road.

According to the opinion, D’Cunha and Mike Edward Parker traveled north past a gate, where several signs forbade entry to an extension of Jeffrey Road. When the car hit a curve and slid into a 15-foot gully, D’Cunha was killed.

His wife, Jane, sued, alleging that the company was negligent in building and maintaining the private road.

But lawyers for the company countered that under state law, a property owner is obligated only to keep the land safe for others’ use under specific circumstances. Recreational riding is not one of the instances specified in the law, the company’s lawyers argued.

The appellate court agreed, ruling that state law gives the company immunity from liability.

Vernon W. Hunt Jr., Jane D’Cunha’s attorney, said he will appeal the opinion.

“(The road) clearly was open to the public, and it was a dangerous curve,” Hunt said. “We want this to be a test case . . . with a (state) Supreme Court ruling.”

Company attorneys could not be reached for comment Thursday.