O'Farrell

INTRODUCTION

Kerri O’Farrell was struck by a car driven by Amir Huerta as she was crossing the intersection of Adams Avenue and 34th Street in the City of San Diego (City) in an unmarked pedestrian crosswalk. O’Farrell sued the City, claiming the intersection constituted a dangerous condition of public property

(Gov. Code,1 § 835) and that the City failed to discharge its mandatory duties (§ 815.6) when it redesigned the intersection three years earlier. The City moved for summary judgment, asserting the affirmative defense of design immunity (§ 830.6) barred liability under section 835, and that the mandatory duties alleged by O’Farrell did not give rise to liability. Agreeing with the City, the trial court granted the motion and subsequently denied O’Farrell’s new trial motion. Finding no error with either ruling, we

affirm the judgment in favor of the City.

Undesignated statutory references are to the Government Code.

Although the judgment did not dispose of O’Farrell’s claims against Huerta, whom she also sued, it is nevertheless final and appealable because it “leaves no issues to be determined as to [the City].” (Dakota Payphone, LLC v. Alcaraz (2011) 192…