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Venue: Alameda County , 1st Appellate District
Jury Verdict/Result: Summary Judgment,
Confirmed on Appeal
Case Name: Ford, Andrada et al. v.
County of Alameda, Alameda County Fairgrounds,
Description: Plaintiffs were patrons of
the Alameda County Fair on July 4, 1998 when a gang gun battle broke out on the
midway resulting in serious gunshot and stampeding injuries to multiple Fair
patrons. Plaintiffs claimed inadequate security measures were taken, that metal
detectors should have been installed at the gates, and that defendants County
(which provided police presence at the Fair and advised the Fair regarding security)
and the Fairgrounds failed to warn of a known dangerous practice of gangs congregating
at the Fair on July 4th. Defendants brought motions for summary judgment on the
grounds of (1) governmental immunity from liability under the Government Code
for discretionary planning decisions; and (2) governmental immunity from liability
under the Government Code section for police protective services; and (3) that
there is no duty, as a matter of law, on to warn the public of criminal conduct
of third parties, especially given that this particular criminal act was without
precedent at the County Fair. These motions were granted. Four plaintiffs appealed
the summary judgment as to the Alameda County Fairgrounds, on the ground that
the Fairgrounds was not a public entity, and therefore not entitled to claim
governmental immunity. The appeal was decided in favor of the Alameda County
Fairgrounds.
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