In Dobbs v. City of Los Angeles, published October 16, 2019, the Second District Court of Appeal, Division 8 affirmed summary judgment in favor of the defendant city in a dangerous condition case. The plaintiff walked into a round concrete bollard, 17.5 inches high and 17.5 inches wide, one of many surrounding the Los Angeles Convention Center to protect it from car bombs. The trial court granted summary judgment based on design immunity.
The appellate court ruled that the city established the elements of design immunity. The first element was indisputably met. A project manager's declaration that the city engineer approved the plans established discretionary approval. The evidence does not have to be from the official who approved the plans. Finally, there was substantial evidence that the design was reasonable. As the court wrote, "It was big. It was designed to stop cars. It was obvious to pedestrians who looked where they were going." The court concluded the opinion by writing, "Tort law incorporates common sense. When one walks into a concrete pillar that is big and obvious, the fault is one’s own."
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