Court of Appeal Finds No Design Immunity for County

April 8, 2014

In a published opinion, the Court of Appeal has reversed a jury verdict for the County of Ventura in a case involving a dangerous elevated drain on the shoulder of a County roadway.  Although the jury found a dangerous condition that caused the plaintiff’s injuries when his motorcycle struck an asphalt berm surrounding the drain, it also found that the County was entitled to design immunity.  Martin represented the plaintiff on appeal.  The Court of Appeal found that there was no design immunity as a matter of law, reversed the judgment, and remanded the matter for a retrial in which the first jury’s finding of a dangerous condition will be binding.