City of Los Angeles v. Superior Court of Los Angeles County
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Plaintiff filed suit against the City, alleging negligence and a dangerous condition of public property under Government Code section 835. Plaintiff alleged that her husband, an LAPD officer, contracted typhus from unsanitary conditions in and around the Central Community Police Station where he worked. Plaintiff alleged that she also contracted typhus as a result of sharing a living space with her husband. The trial court overruled the City's demurrer, and the City filed a petition for writ of mandate.
The Court of Appeal issued an alternative writ and granted the City's petition, The court held that a public entity's liability must be based on statute, and section 835 does not extend liability to members of the public whose alleged injuries do not arise from use of the property at issue or any adjacent property. Therefore, plaintiff has failed to allege a cognizable duty by the City because she never visited the property at issue and has not alleged exposure to any condition of the subject property. Furthermore, even if the City had a duty to plaintiff, it was nevertheless immune from liability under section 855.4, which bars liability for decisions affecting public health.
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