Davis v. Cordova Recreation & Park District

Opinion

RICHARDSON, P. J.

Plaintiffs sued defendant Cordova Recreation and Park District for damages following the death of their 4-year-old son, Larry E. Davis, Jr. Defendant’s answer did not allege the design immunity defense. After denial by the trial court of motions for nonsuit and during the defense presentation, the court announced that it found the defense of design immunity established. It then directed judgment for defendant, excused the jury and, over objection, permitted the amendment of defendant’s answer to include the defense of design immunity to conform with proof. The court…