City of Santa Monica v. Superior Court
The underlying consolidated action for damages for personal injuries and wrongful death arises out of an incident on the afternoon of Wednesday, July 16, 2003, when George Weller drove his automobile through the open air pedestrian Santa Monica Farmers Market (Market) on Arizona Avenue in City of Santa Monica (City), killing or seriously injuring many people. In this proceeding, we review the trial courts July 3, 2006 order granting summary adjudication in favor of defendant City on the ground that Citys defense of design immunity defeated plaintiffs claim for dangerous condition of public property. Also before us for review is Citys petition for a writ of mandate challenging the January 19, 2007 order denying Citys summary judgment motion.
Court conclude that the evidence in the record gives rise to reasonable conflicting inferences as to whether the one-page sketch (exhibit 6 to Citys summary adjudication motion, attached to this opinion as appen. A, post) was the traffic control plan for the Market that was approved by Citys traffic engineer in 1987 and which is the basis of Citys design immunity defense. Because a reasonable inference exists that exhibit 6 does not constitute Citys approved plan or design under the design immunity defense, the order granting Citys summary adjudication motion cannot stand. Accordingly, Court direct the trial court to vacate the July 3, 2006 order. Without the July 3, 2006 order, there is no basis for summary judgment, and we thus deny Citys challenge to the January 19, 2007 order.
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