Peterson

Plaintiff Gary Peterson appeals from summary judgment entered against him and in favor of defendant County of Los Angeles.

Facts

Plaintiff sued the county and James Morrow, an employee of the county, for damages for personal injuries allegedly sustained on January 13, 1981, when Morrow negligently came into contact with plaintiff’s leg while plaintiff was in the county jail facility. After answering the complaint defendant county moved for summary judgment on the ground of governmental immunity, arguing that it is not liable for plaintiff’s alleged injuries inasmuch as they were sustained while plaintiff was a prisoner. (Gov. Code, §§ 844, 844.6.) In support of the motion defendant submitted the declaration of its attorney incorporating plaintiff’s answers to interrogatories and portions of his deposition testimony. Defendant also requested that the trial court take judicial notice of two orders, copies of which were furnished with the request, contained in the court’s file in the case of People v. Peterson (L.A. Super. Ct. No. A145041). (Code Civ. Proc., § 437c, subd. (b); Evid. Code, §§ 452, subd. (d), 453.) Such papers showed: On January 13, 1981, following his…