Personal Injury & Torts
Aug. 4, 2001
Changed Conditions
Two appellate decisions suggest that notwithstanding Cornette , design immunity may at last fall firmly within the public entities' grasp.
When plaintiffs allege that a public improvement has caused personal injury or property damage - say, that a badly designed roadway caused a car accident or a leaking storm drain undermined nearby residential property - public-entity defendants reach for the nostrum of design immunity.
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