Clayton v. City of Sunnyvale

Opinion

SCOTT, J.

Clevester Clayton, a minor, and Rosie Clayton, his mother, appeal from a judgment entered in favor of the City of Sunnyvale upon the granting of a motion for summary judgment.

The pleadings and other documents upon which the motion for summary judgment was based reveal that on June 3, 1973, appellant

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Clevester, age 17, was the guest of a tenant of an apartment building located at 973 Helen Street in Sunnyvale, California. While on the premises, Clevester fell down a flight of stairs, sustaining bodily injuries resulting in permanent disability. Clevester’s mother, Rosie Clayton, was not present at the scene of the accident. She learned of its occurrence from a third person and saw her son in the hospital approximately an hour later.

The apartment building where the accident occurred was privately owned, built, and managed by Walter Rossman and Don Hauger. The building permit for the apartment house had been issued by the City of Sunnyvale to Don Hauger on April 14, 1960, following a review of the plans and specifications by a building inspector. During the course of construction, the building was inspected on numerous occasions by a department of public works building inspector. Thereafter, the premises were inspected at least once a year by the department of public safety.

Appellants alleged that respondent city and city employees were negligent in reviewing, inspecting or failing to inspect the apartment building premises and designs, plans and specifications therefor, and that this negligence caused the subject stairway to be designed and constructed with patent defects which created a dangerous condition and thereby proximately caused Clevester Clayton’s injuries.

The question presented here is whether a public entity is immune from liability for the negligence of its employees in inspecting or failing to inspect a building and designs therefor, which negligence caused the building to be designed and constructed with patent defects creating a dangerous condition proximately causing personal injuries. We conclude that the city is immune from liability.

Appellants contend that respondent city was under a mandatory duty to review and inspect the subject premises both before and after construction, and that breach of that duty rendered it subject to liability. Appellants cite Government Code section 815.6,