Smith v. Kern County Superintendent of Schools CA5

FACTS AND PROCEDURAL HISTORY

Smith filed a complaint in superior court on October 29, 2010. It alleged that on January 31, 2010, Smith and his eight-year-old daughter, McKinzie Smith, were visiting CLM when they were attacked by a raccoon, which was part of an exhibit and had escaped from its enclosure. The complaint alleged that the raccoon had escaped sometime earlier in the day, but CLM staff did nothing to warn or evacuate patrons. Further, the same raccoon had bitten someone 13 days before. The complaint claimed Smith and his daughter were both injured. The complaint alleged causes of action for premises liability and general negligence. It cited Government Code sections 815.2 (public entity liable for act or omission of its employee) and 835 (public entity liable for dangerous condition of its property), which are provisions of the Government Claims Act.1 The first trial on the complaint commenced on October 29, 2012. The jury was unable to reach a verdict and a mistrial was declared on November 15, 2012. A second trial began on October 7, 2013, and ended with a verdict on October 28, 2013. By a vote of nine to three, the jury found that there was no dangerous condition of…