California, United States of America
The following excerpt is from Evans v. City of Anaheim, 133 Cal.App.3d 853, 184 Cal.Rptr. 258 (Cal. App. 1982):
The only other case known to us which considers the question whether a personal injury action can be barred by section 337.15 is the dissenting opinion in Wagner v. State, 86 Cal.App.3d 922, 150 Cal.Rptr. 489. In that case, plaintiff sued for defendants' negligent operation of a vehicle. Defendant cross-complained against an engineering firm, alleging it was negligent in designing the intersection where the collision occurred. The majority held that plaintiff had alleged only a patent deficiency in design and that the cross-complaint was barred by section 337.1(a)(3). In the majority's view, section 337.15 was not applicable.
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