HomeMy WebLinkAboutAgenda Report - November 1, 2000 E-10AGENDA TITLE: Request to Join in Amicus Brief in the case of Cornette v.
Depacfinent of Transportation, California Supreme Court
No. S089010.
MEETING DATE: November 1, 2000
PREPARED BY: Randall A. Hays, City Attorney
RECOMMENDATION: The City join the Amicus Brief in the case of Comette v.
Department of Trans op rtat' .
BACKGROUND: Amicus Briefs are filed in various actions, which involves matters of
wide-ranging concern to provide information and additional
argument to the Court in order to assist the Court in understanding
all of the issues and arrive at a conclusion.
This case involves an automobile accident on a state highway. Under the California Tort Claims Act,
Caltrans when sued sought to invoke the design immunity defense, which is contained in California
Government Code §830.6. As has been the law for some time, the trial court itself dealt with the design
immunity defense not allowing a jury to hear that issue. The trial court found in favor of Caltrans relative to
the application of the design immunity defense, thereby rendering a verdict adverse to the plaintiff. The
Appellate Court found however that whether or not the elements of design immunity were present and
therefore applied was something that should have been heard by a jury. The California Supreme Court
has granted review of this case. Until the Corvette case, courts held that whether the plan or design
remained reasonable, despite changed conditions, was decided by the Court not a jury under the
substantial evidence standard. This case puts that precedent in question. Since a decision by the
Supreme Court that upholds the Appellate case would alter the manner in which the question of design
immunity is dealt with in the legal system, this case is quite important. Design immunity is a powerful tool
for ending dangerous condition cases before they reach the level of being heard by a jury.
FUNDING: Not applicable.
Respectfully submitted,
Randall A. Hays, City Attorn
APPROVED:T
H. D'on Flynn — Ci6 Manager