DESIGN IMMUNITY

Under Government Code section 830.6 a public entity is immune from injury resulting from a condition of public property if the condition was the result of a design that was approved by an appropriate official body in the exercise of its discretion and could have been approved by a reasonable official body. Whether the design could have been approved by a reasonable official body is a question of law to be resolved by the court. Design immunity may be lost if plaintiff can show that the plan or design has become dangerous because of a change in physical conditions, and the public entity had actual or constructive notice of the dangerous condition and a reasonable time to obtain the funds and carry out necessary remedial work, or lacking funds, failed to make a reasonable attempt to provide adequate warnings. The following caes have considered these rules.

COMPTON v CITY OF SANTEE, 12 CA4 591
WINIG v STATE, 37 CA4 1772
BART v SUPERIOR COURT, 46 CA4 476
HIGGINS v STATE, 54 CA4 177
GRENIER v CITY OF IRWINDALE, 57 CA4 931
DOLE v STATE, 60 CA4 486
SUTTON v GOLDEN GATE BRIDGE DIST, 68 CA4 1149
ALVAREZ v STATE, 79 CA4 720
FULLER v DEP'T OF TRANS, 89 CA4 1109
WYCKOFF v STATE, 90 CA4 45
CORNETTE v DEPT OF TRANS, 26 C4 63
ZELIG v COUNTY OF LA, 27 C4 1112
MIRZADA v DEP'T OF TRANSPORTATION, 111 CA4 802
HERNANDEZ v DEP'T OF TRANSPORTATION, 114 CA4 376
METCALF v COUNTY OF SAN JOAQUIN 139 CA4 970
WEINSTEIN v DOT 139 CA4 52
LAABS v CITY OF VICTORVILLE 163 CA4 1242

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