Thomson

Plaintiff (appellant) appeals from a judgment in favor of City of Glendale (respondent) after a trial on the respondent’s fourth affirmative defense of design immunity pursuant to Government Code section 830.6.

On October 2, 1973, appellant filed a complaint alleging two causes of action. Appellant’s first cause of action alleged that she suffered injuries caused by the dangerous and defective condition of a public stairway. Appellant’s second cause of action alleged that her injuries were caused by respondent’s negligence in failing to comply with the Uniform Building Code in its construction of the public stairway. Respondent answered raising four affirmative defenses. This appeal concerns the fourth affirmative defense as set forth in respondent’s amended answer that pursuant to the provisions of Government Code section 830.6 respondent was not liable for appellant’s injuries because “[t]he plan and design of the construction of the stairs, handrails, ramp and sidewalk in [appellant’s] complaint have been approved in advance of construction by The City Council of the City of Glendale, or proper employees exercising discretionary authority, and therefore the City of…