California Court of Appeal

In a multi-party lawsuit brought by a plaintiff injured in an automobile collision wherein one of plaintiff's purported claims was against city-defendant based on allegations that her injuries were caused by a "dangerous condition of public property" for purposes of Government Code sections 830 and 835, summary judgment for city-defendant and subsequent orders denying the city's motion for defense costs and expenses are both affirmed where: 1) the evidence established the applicability of the doctrine of design immunity as a matter of law, and plaintiff failed to meet its burden of showing such immunity was lost as a result of "changed circumstances"; however 2) a favorable judgment did not automatically entitle the city to cost recoveries when nothing suggested that plaintiff's claims were objectively unreasonable.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lascher & Lascher, Wendy Lascher, Aris Karakalos, Ventura;  Richard Harris Law Firm and Richard Harris, for Plaintiff and Appellant.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith, Christopher J. Workman and Lisa W. Cooney, San Diego, for Defendant and Appellant.