Pedestrian who walked into concrete bollard on sidewalk brought action against city for personal injury.
The Superior Court granted summary judgment in favor of city. Pedestrian appealed.
The Court of Appeal held that:
- Project manager’s declaration regarding city agency’s custom and practice of discretionary approval was sufficient to satisfy design immunity element of discretionary approval of a design, and
- Substantial evidence that city’s approval of concrete bollard design was reasonable supported finding of design immunity.
Declaration by project manager for city agency regarding agency’s custom and practice of discretionary approval of designs was sufficient to satisfy element of design immunity requiring discretionary approval of a design before construction, as necessary for city to be immune from liability for pedestrian’s injuries from walking into concrete bollard that she claimed was negligently designed.
Substantial evidence that city agency’s approval of bollard design was reasonable supported trial court’s finding that design immunity applied to pedestrian’s personal injury claim against city, arising from incident in which pedestrian walked into concrete bollard on sidewalk; bollard, which was large and designed to stop cars, was obvious to pedestrians who looked where they were going, and was placed conspicuously in its location.