Grove v. County of San Joaquin

WARNE, J. pro tem.

*

This is an appeal from a judgment in favor of the county of San Joaquin entered after the court had sustained the defendant county’s demurrer to plaintiff’s complaint without leave to amend. The appeal is taken on the judgment roll and concerns only the judgment for the county.

The complaint alleged that the plaintiff sustained personal injuries while confined in the county jail of the county of San Joaquin as the proximate result of the negligence of the defendant county in that said county disregarded its duty to properly maintain and construct a jail so that it could safely accommodate the number of prisoners confined therein; that the county failed to supply personnel in sufficient number to

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properly supervise the number of men confined therein; that said condition has existed for several years, and that the jail was and is wholly inadequate for the confinement and occupancy of the prisoners confined therein; that said persons, including the plaintiff, were compelled to occupy cells under congested conditions rendering proper supervision and control virtually impossible with the number of agents placed therein by the county for the supervision and protection of the prisoners from each other and as a result of said failure to exercise its duties set forth therein, the plaintiff without provocation was attacked and beaten by a prisoner, the defendant, Archie Hill, resulting in serious and permanent injuries to the plaintiff; that the plaintiff’s injuries could have been prevented had not the conditions mentioned existed. It is further alleged that the conditions mentioned were well known to the county for several years prior to the date of plaintiff’s injury.

Appellant contends that a cause of action has been pleaded against the county of San Joaquin under section 53051 of the Government Code (formerly the Public Liability Act) which states:

“A

local agency is liable for injuries to persons . . . resulting from the dangerous or defective condition of public property if the legislative body, board, or person authorized to remedy the condition: (a) Had knowledge or notice of the defective or dangerous condition, (b) For a reasonable time after acquiring knowledge or receiving notice, failed to remedy the condition or to take action reasonably necessary to protect the public against the condition.”