by Derek P. Cole on August 17, 2015
posted in
Damages, Public Works, Recent Court Decisions, Streets and Sidewalks,
A car driving along a road is sideswiped by another car, causing it to veer into a median and hit a tree. Tragically, all but one of the car’s occupants is killed; the sole survivor is seriously injured. Although the driver of the other car was clearly at fault, the city that maintained the tree is sued under the theory that the tree’s placement in the median was a “dangerous condition of public property.” Can the city be held liable?
Yes, says the State Supreme Court. In Cordova v. City of Los Angeles, the Court held that local agencies may be liable for a dangerous condition of ... Continue Reading
tags:
automobile accident, causation, city trees, medians, negligence, Public Beautification Programs,
by William R. Galstan on November 4, 2014
posted in
Public Works, Uncategorised,
It happens all too frequently: your city or county receives a good bid on a public works project, and then discovers that the low bidder has made a mistake on the bid or omitted a necessary page of information. An appellate case decided earlier this year, Bay Cities Paving & Grading, Inc. v. City of San Leandro holds that seemingly important bid flaws are not always fatal.
... Continue Reading
tags:
bid bond, construction, low bidder, public works projects,
by Derek P. Cole on August 20, 2014
posted in
Inverse Condemnation, Public Works, Streets and Sidewalks,
If a tree falls in the middle of a forest when no one is around, one can debate whether it makes a sound. But if a city-owned tree falls on private property and causes damage, the city’s liability cannot be debated. So ruled a court on August 14, 2014.
... Continue Reading
tags:
Inverse Condemnation, Public Beautification Programs, Streets, Trees,
