Bostrom

Bostrom v. County of San Bernardino

Bad Law
1995 Cal. App. LEXIS 577·35 Cal. App. 4th 1654·42 Cal. Rptr. 2d 669·95 Daily Journal DAR 8303·95 Cal. Daily Op. Serv. 4906
Court of Appeal of CaliforniaJune 23, 1995E012904California6,546 words

Opinion

Opinion

Richli, J.

George Bostrom was severely injured when the small plane he was piloting crashed on takeoff from Chino Airport. The County of San Bernardino (the County) owns Chino Airport. The County leased land at the airport to Cal West Aviation for the purpose of providing jet fueling and other services. The crash occurred because an employee of Cal West Aviation fueled the plane with jet fuel instead of ordinary aviation gas.

In this action, Mr. Bostrom and his wife, Susan Bostrom (collectively the Bostroms), seek to hold the County liable for the injuries resulting from the crash. The trial court, however, granted summary judgment for the County, essentially on the ground that the Bostroms were unable to introduce sufficient evidence of any cause of action that would be within any statutory exception to the general rule of sovereign immunity. On appeal, the Bostroms contend that they raised a triable issue of fact as to whether the County was liable under five distinct legal theories, each of which came within some exception to the rule of immunity. We disagree, and we will affirm.

I.

Factual Background

The following facts are taken from the papers filed in support of and in…

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