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CITY OF SAN BERh.4RDINo'1REQUEST . '>R COUNCIL ACTION
From: James F. Penman
City Attorney
Subject: Design Defect Immunity, Government
Code Section 830.6; Plans and Testimony of
Superintendent of Public Buildings and
granting of immunity to City in Superior
Court case.
Dept:
Date: September 21, 1989
Synopsis of Previous Council action:
Closed Session matter.
Recommended motion:
That the report relative to Design Defect Immunity, Government Code
Section 830.6 testimony of Superintendent of Public Buildings and granting
immunity to City in Superior Court case be received and filed.
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Signature
Contact person: JAMES F. PENMAN
Phone: 384-5355
Supporting data attached:
Staff Report
Ward: 1-7
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Agenda I tem No.
/t::t
75.0262
CITY OF SAN BERMARDINO - REQUEST ..OR COUNCIL ACTION
STAFF REPORT
On September 18, 1989, Superior Court, Judge
Donald Van Luevan confirmed that the City of San Bernardino is
immune by Statute from liability for damages to the extent that a
Plaintiffs case was predicated upon poor lighting at the location
of an accident.
The case being tried involved a tragic traffic accident at
Garner and 9th Streets in San Bernardino. A young child was
seriously injured by a vehicle driven by a private party.
The lawyer for the child alleged that the City had been
negligent in providing lighting at the scene in question. The
same lawyer demanded that the City pay an amount in excess of
$3,000,000 to settle the case. The City refused, believing that
we had done nothing wrong.
Due to 1) the diligence of the Superintendent of Public
Buildings in preparing a plan in conformity with standards
previously approved, 2) the approval of said plan by the Mayor
and Common Council 3) implementation of the plan and 4) the
precise expert testimony of the Superintendent of Public
Buildings, the Court determined that there ". . . was substantial
evidence upon the basis of which (a) a reasonable public employee
could have adopted the plan or design or the standards therefore
(b) a reasonable legislative body... could have approved
the plan or design or the standards therefor," and the City of
San Bernardino, the Court determined based on State law
(Government Code Section 830.6) is therefore immune from
liability arising from an allegation of negligence in lighting
the location where the accident occurred.
But for the diligence of Mr. Wayne Overstreet,
Superintendent of Public Buildings and the expeditious action of
the Mayor and Common Council in following and applying State
law, the outcome of this case might have resulted in a verdict
against the taxpayers of the City of San Bernardino for an
unknown, and possibly large , amount.
Our hearts go out to the victim of this terrible tragedy and
to her family. The accident, however, and the horrible
consequences of it, were not due to any negligence by the City or
the taxpayers.
The actions of Mr. Overstreet and the subsequent acts of the
Mayor and Common Council have prevented the citizens of this City
from possible assessment of a tremendous amount of damages. This
diligence of a conscientious City employee and subsequent
supportive measures should not pass unnoticed.
James F. Penman
City Attorney
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