Design immunity under Government Code section 830.6 may apply when a public entity gave some warning of a dangerous condition and that warning was part of a reasonable plan or design otherwise entitled to immunity. Allegations that existing, approved warnings were inadequate or additional warnings should have been given are complaints about the design and subject to design immunity.
Cases of Interest
An unwitnessed fatal fall does not make expert causation testimony speculative when biomechanical
evidence provides a reasoned basis for identifying probable cause.
Where a plaintiff makes multiple valid and unrevoked section 998 offers, and their award is less favorable than their final offer, the last offer controls for purposes of determining any entitlement to section 998 benefits.
24
Sep
Sep
The Savage rule, which absolves a shipper of liability, does not apply where a third party, rather than the carrier, brings a negligence claim against the shipper.
6
Aug
Aug
Counsel has no ethical obligation to refrain from using inadvertently produced discovery if it is not clearly privileged, and disqualification is unwarranted if the produced discovery does not give counsel an unfair advantage in litigation.