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HomeMy WebLinkAbout19-City Attorney 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. '1 f . J ~&.~ T /) r CV'v~"'" 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 7~-02G4