Hampton

Hampton v. Cty. of San Diego

Good Law
Court of Appeal of CaliforniaJuly 26, 2013D061509California8,963 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

In November 2009, a vehicle that Randall Keith Hampton was driving collided

with another vehicle at an intersection in Valley Center. Hampton and his wife sued the

driver of the other vehicle as well as the County of San Diego (County).1 The Hamptons

brought claims against the County for dangerous condition of public property (Gov.

Code, § 835 et seq.)2 (fourth cause of action) and loss of consortium (third cause of

action). The County moved for summary judgment on the ground that the Hamptons'

claims were barred by the affirmative defense of design immunity. The trial court

granted the County's motion. On appeal, the Hamptons claim that the court erred in

granting the County summary judgment. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Hamptons' complaint

In their cause of action claiming dangerous condition of public property, the

Hamptons alleged that the County had duties to "properly and safely plan, design, build,

construct, operate, manage, maintain, direct, control, sign and supervise the roadways at

the intersection of Cole Grade Road and Miller Road in the County of San Diego," and

that the County breached…

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