Mother of bicyclist brought action against city for failure to warn, alleging that accident in which bicyclist was killed when his bicycle collided with a turning truck at an intersection was caused by a dangerous condition in design of the roadway and city failed to adequately warn of that danger.
The Superior Court, Los Angeles County, granted city’s motion for summary judgment, then denied in part mother’s motion to tax costs and awarded costs to city. Mother appealed and city moved to dismiss appeal from order awarding costs.
The Court of Appeal held that:
- As matter of first impression, when (a) public entity has provided some warning of allegedly dangerous condition, and (b) that warning was included as part of a reasonable plan or design that would be otherwise entitled to design immunity, then (c) design immunity may apply;
- City was entitled to design immunity from liability based on inadequate warning as to dangerous condition of intersection;
- Mother’s appeal from order on motion to tax costs was timely filed; and
- General release did not render city’s statutory settlement offer invalid.