In Cordova v. City of Los Angeles, published August 13, 2015, the California Supreme Court reversed summary judgment granted to the defendant city in a lawsuit under Government Code section 835 alleging that the deaths of the plaintiffs' decedents were caused by a dangerous condition of public property. While the car containing the decedents was driving on the inside lane of a boulevard, another vehicle veered into the car's side. Both vehicles were traveling over the speed limit. The impact forced the decedents' car into a grassy median, where it struck a larger tree planted seven feet from the roadway. The decedents were killed. The plaintiffs introduced expert evidence that the tree should not have been planted so close to the roadway. The trial court granted summary judgment on the ground that no property condition caused the other driver to hit the decedent's car. The appellate court affirmed.
The California Supreme Court unanimously held that to hold a public entity liability for an injury caused by a property condition, the plaintiff must prove that the property was dangerous (that it posed a substantial risk to users with due care) and that the condition caused the plaintiff's injury. When a third party's conduct contributes to causing the injury, the plaintiff need not prove that the property condition caused the conduct. Even where the accident would not have occurred but for the third party's conduct, the entity may be held liable if the property was dangerous and it contributed to causing the injury.
The court cautioned that it was not holding that a public entity may be held liable any time a third party's conduct causes a motorist to leave the road and strike a hard fixed object by the road. The plaintiff must still prove that it is unreasonable to place that object there, and that the object poses a substantial risk that motorists will strike it if they are driving with due care. Further, even if the plaintiff proves those elements, the entity may establish design immunity if the placement was part of an approved design.
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