California Court of Appeal

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Laabs v. City of Victorville, E040778

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.
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