Baldwin v. State of California

In Baldwin v. State of California (1972) 6 Cal. 3d 424, 438 99 Cal. Rptr. 145, 491 P.2d 1121, the California Supreme Court first held that design immunity may be lost where changed conditions have produced a dangerous condition of which the public entity has notice. In that case, the plaintiff, who was driving north on a four-lane highway in Richmond, waited in the high-speed left lane to make a left turn, and was hit from behind by another motorist. After he sued the State, the State defended on the ground of design immunity, providing evidence that the 1942 plan for the intersection did not include a left turn lane, and that the plan was reasonable when made and properly approved by authorities with discretionary power to approve the plans. In later years, however, traffic increased enormously. Beginning in 1961, the Division of Highways started receiving complaints from police, business owners, the city council and others, calling attention to the serious danger posed by the lack of a left-turn lane, which had resulted in numerous traffic injuries, including four fatalities. The division notified the city that it was restudying the conditions, but took no action.