McCorkle

McCorkle v. City of Los Angeles

Caution
1969 Cal. LEXIS 330·70 Cal. 2d 252·74 Cal. Rptr. 389·449 P.2d 453
Supreme Court of CaliforniaJanuary 30, 1969L. A. No. 29610California4,113 words

Opinion

lead Opinion

Tobriner, J.

The City of Los Angeles appeals from a judgment of the Ventura County Superior Court imposing liability on the City in the amount of $45,000 for damages incurred by the plaintiff in a highway accident.

We granted a hearing in this court after decision by the Court of Appeal, First Appellate District, Division Four, because of a conflict among the various Courts of Appeal as to the proper interpretation and application of Government Code section 820.2 (governmental immunity for discretionary acts of public employees) in the light of Muskopf v. Corning Hospital Dist. (1961) 55 Cal.2d 211 [ 11 Cal.Rptr. 89 , 359 P.2d 457 ], and Lipman v. Brisbane Elementary School Dist. (1961) 55 Cal.2d 224 [ 11 Cal.Rptr. 97 , 359 P.2d 465 ]. 1

Subsequent to our granting of a hearing in the instant case, we decided the case of Johnson v. State of California (1968) 69 Cal.2d 782 [ 73 Cal.Rptr. 240 , 447 P.2d 352 ]. Johnson resolved the conflicting decisions of the Courts of Appeal and formulated a definitive rationale for the application of Government Code section 820.2.

After a thorough examination of the present case, we con- *255 elude that the Court of Appeal has correctly resolved the…

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