Can a plaintiff bring a negligence claim against the state for the defective design of a bridge?
California, United States of America
The following excerpt is from Customer Co. v. City of Sacramento, 18 Cal.App.4th 472, 23 Cal.Rptr.2d 154 (Cal. App. 1993):
We agree. In Mikkelsen v. State of California (1976) 59 Cal.App.3d 621, 130 Cal.Rptr. 780, plaintiff brought a negligence suit against the state for the defective design of a freeway bridge which collapsed during an earthquake. The trial court found plaintiffs could not proceed on a nuisance theory; the appellate court affirmed. The appellate court found in some circumstances a governmental entity might be liable for a nuisance. However, the core
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