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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
Subject: Authorization to join amicus curiae brief in the case
of Banana v. Central Contra Costa Transit Authority (CCCTA)
Dept: CITY ATTORNEY
Date: December 12, 2001
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Synopsis of Previous Council action:
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief
in the case of Banana v. Central Contra Costa Transit Authority (CCCTA)
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Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. 3.3
) J-J nJ.D J
STAFF REPORT
Council Meeting Date: December 17. 2001
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
December 12, 2001
Authorization to join amicus brief the case of Bonano v. Central Contra
Costa TransitAuthority (CCCTA)
The Central Contra Costa Transit Authority (CCCTA) is seeking amicus support in the
California Supreme Court. The underlying facts show a mildly retarded woman was crossing a
public street in a mid-block crosswalk. She was struck by a car while crossing and suffered serious
injuries. She settled with the driver of two involved vehicles.
Eventually, plaintiff proceeded to trial against CCCTA. While CCCTA was found to only
be 1% at fault, its joint and several liability for plaintiff's economic damages resulted in a $1.5
million judgment against CCCTA.
The ruling in the appellate court, in an unpublished opinion, essentially says that a public
entity is liable if the route traveled to its property is not safe, and the entity's property is not itself a
dangerous condition.
The City Attorney's office recommends the City of San Bernardino join in the amicus brief.
There is no charge to the City of San Bernardino for joinder in this brief.