What is the test for design immunity for a plaintiff in a motor vehicle accident?
California, United States of America
The following excerpt is from Bay Area Rapid Transit Dist. v. Superior Court, 46 Cal.App.4th 476, 53 Cal.Rptr.2d 906 (Cal. App. 1996):
Respondent court filed its order, granting summary adjudication of the first cause of action and denying as to the second cause of action. As to the second cause of action, respondent court explained: "Design immunity is limited to a 'design-caused accident' and 'does not immunize [the public entity] from liability caused by negligence independent of design.' " (See Flournoy v. State of California (1969) 275 Cal.App.2d 806, 811, 80 Cal.Rptr. 485.)
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