Davis

Plaintiffs sued defendant Cordova Recreation and Park District for damages following the death of their 4-year-old son, Larry E. Davis, Jr. Defendant’s answer did not allege the design immunity defense. After denial by the trial court of motions for nonsuit and during the defense presentation, the court announced that it found the defense of design immunity established. It then directed judgment for defendant, excused the jury and, over objection, permitted the amendment of defendant’s answer to include the defense of design immunity to conform with proof. The court then signed findings of fact and conclusions of law wherein it found that before the date of death the design for construction of a certain lake or pond designated as “Cordova Lane Park Lagoon” was approved by the board of directors of defendant and that the design was prepared, by an architect in conformity with standards previously approved by the board; and as a conclusion of law, the court determined that “as a matter of law . . . there was substantial evidence upon the basis of which the Board of Directors of Cordova Recreation and Park District acted reasonably in the approval of the plan and design of…