Breslin v. Fredrickson

In Breslin v. Fredrickson (1957) 152 Cal.App.2d 780, the defendant contractor repaved a road resulting in a sudden drop of as much as six inches from the road to the shoulder, with no warning signs or safety devices. The plaintiff in Breslin was killed when one of her vehicle's wheels left the road, causing the plaintiff to lose control of her car, when it dropped off the road. (Breslin, supra, 152 Cal.App.2d at p. 783.) In Breslin, supra, 152 Cal.App.2d 780, the court stated that, even though the state was protected by sovereignty from liability, it nevertheless had a duty to use care in making and keeping the road safe for public use. (Id. at p. 784.) This duty of care was contractually cast upon the defendant contractors performing the road repairs, until formal acceptance of the work by the state Director of Public Works. (Id. at pp. 783-785.) In Breslin, supra, 152 Cal.App.2d 780, the issue was whether at the time of the accident, the contractor owed the public a duty of care, since the contractor had completed its work. Although the state supervisory engineer had inspected and recommended acceptance of the contractor's work as satisfactory and complete, there was no formal acceptance of the contractor's work prior to the accident. (Id. at pp. 782-783.) As a consequence, the court in Breslin held that, even though the contractor had completed its work, it remained responsible for warning the public of any dangerous conditions created by its work until formal acceptance of the work, as required pursuant to contract. (Id. at pp. 786, 789.) In Breslin, the contractor was potentially liable because, unlike in the instant case, the contractor left the resurfaced highway "dangerous for use until further work had been done to render it safe." (Id. at p. 787)