Baldwin v. State of California

Opinion

SULLIVAN, J.

This case presents the question whether a public entity retains its statutory immunity from liability for injury caused by the plan or design of a construction of, or an improvement to, public property where the plan or design, although approved in advance as being safe, nevertheless in its actual operation becomes dangerous under changed physical conditions. In Cabell v. State of California (1967) 67 Cal.2d 150 [60 Cal.Rptr. 476, 430 P.2d 34, 34 A.L.R.3d 1154] and Becker v. Johnston (1967) 67 Cal.2d 163 [60 Cal.Rptr. 485, 430 P.2d 43], we previously considered this problem…