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On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.

September 3, 2013 by Leave a Comment

dangerous condition of public property A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance. The trial court granted summary judgment and the appellate court affirmed, stating: “[A] licensed civil and traffic engineer employed by the County approved the Plans prior to construction, that this engineer had the discretionary authority to approve the Plans, and that another licensed engineer employed by the County approved and signed the ‘as built’ plans after construction of the improvements, the County demonstrated the discretionary approval element of its design immunity defense as a matter of law.” Hampton v. County of San Diego (Cal. App. Fourth Dist., Div. 1;  July 26, 2013) 218 Cal.App.4th 286.

Filed Under: Appellate Law News, Government Law News, Legal News, Negligence Law News, Public Entity Law News, Summary Judgment Law News, Tort Law News

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