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BALDWIN v. STATE OF CALIFORNIA

Docket No. S.F. 22813.

6 Cal.3d 424 (1972)

491 P.2d 1121

99 Cal. Rptr. 145

JESSE BALDWIN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Supreme Court of California. In Bank.

January 3, 1972.

Attorney(s) appearing for the Case

COUNSEL

Caldecott, Peck & Phillips and Edward F. Peck for Plaintiff and Appellant.

Robert E. Cartwright, Edward I. Pollock, Theodore A. Horn, Marvin E. Lewis, William H. Lally, Joseph W. Cotchett and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.

Harry S. Fenton, John P. Horgan, Robert J. DeFea, William R. Edgar, Robert R. Buell and William J. Turner for Defendant and Respondent.

Evelle J. Younger, Attorney General, and Robert L. Bergman, Deputy Attorney General, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

SULLIVAN, J.

This case presents the question whether a public entity retains its statutory immunity from liability for injury caused by the plan or design of a construction of, or an improvement to, public property where the plan or design, although approved in advance as being safe, nevertheless in its actual operation becomes dangerous under changed physical conditions. In Cabell v. State of California (1967...

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