County Failed To Prove Design Immunity.

A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses described the top-hat drain system and identified it as a standard system used in the county, the County introduced no evidence of a design or plan for the drain system.” The appellate court found that as a matter of law, there was insufficient evidence to support the jury’s finding of design immunity and reversed and remanded the matter for retrial.  The appellate court also held the jury’s finding of a dangerous condition of public property is binding on retrial. (Martinez v. County of Ventura (Cal. App. Second Dist., Div. 6; April 8, 2014)225 Cal.App.4th 364.)