Fisk v. Town of Redding

The plaintiff, Gregg Fisk, 1 appeals from the summary judgment rendered in favor of the defendant BL Companies, Inc., 2 in his absolute public nuisance action. The plaintiff alleged that he was injured when he fell off a retaining wall that was constructed as part of a municipal construction project for which the defendant was the design contractor. The court rendered summary judgment on the ground that the defendant, as a design contractor, was not a user of the wall and, therefore, as a matter of law could not be liable in public nuisance. On appeal, the plaintiff claims that the court…