Grenier

Plaintiff and appellant Arthur Grenier appeals from the summary judgment entered in favor of defendant and respondent City of Irwindale in this action for dangerous condition of public property with respect to a flooded street. We conclude the city has established the defense of design immunity under Government Code section 830.6. A public entity defendant establishes design immunity for purposes of summary judgment when it presents substantial evidence of the reasonableness of the design, even if conflicting evidence of the design’s reasonableness is presented by the plaintiff. Moreover, design immunity, once acquired, is not lost until the public entity has notice of a change in physical conditions which has created a dangerous condition. We affirm.

Facts and Procedural Background

On June 5, 1993, Amelia McDonald was driving northbound on Buena Vista Street in the City of Irwindale (the City). It was raining and the street was flooded to some extent. McDonald lost control of her vehicle. McDonald’s car jumped the curb and hit a wheelbarrow, propelling it into Grenier, who had been working on private property on the east side of the street. Grenier suffered physical…