Blair v. Superior Court

In Blair v. Superior Court (1990) 218 Cal. App. 3d 221, plaintiff's government claim alleged that he was in a car accident that was caused by negligent maintenance and construction of the highway surface. The claim also stated that the highway was "iced" and that defendant failed to sand and care for the highway. The complaint alleged that lack of guard rails, slope of the road, and failure to warn also caused the accident. The court of appeal held that the government claim and complaint were premised on the same "foundation," the negligent construction and maintenance of highway, and, therefore, the allegation in the complaint should not be stricken. (Blair v. Superior Court, supra, 218 Cal. App. 3d at p. 226.) The claim alleged the accident was due to "'Negligent maintenance and construction of the highway surface. Failure to sand and care for highway for safetyness of automobile transportation.'" The Court found allegations in the complaint relating to lack of guard rails, slope of the road, and failure to warn were premised on the same foundation that because of negligent construction and maintenance, the highway was a dangerous condition of public property. ( Id. at p. 226.)