Law Practice,
Appellate Practice
Aug. 8, 2022
Municipal design immunity is tough to beat, even for the injured
“‘A mere conflict in the testimony of expert witnesses provides no justification for the matter to go to a lay jury who will then second-guess the judgment of skilled public officials.’”
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
If you are a civil litigator that has ever filed or opposed a motion for summary judgment or adjudication, then you know the golden rule: A motion for summary judgment or adjudication will be denied if there is a disputed issue of material fact.
However, in Menges v. Department of Transportation, 59 Cal.App.5th 13 (2020), the 4th District Court of Appeals, in a split decision, appears to have adopted a more lenient standard for public enti...
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