 |
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 fight broke out on the midway,
involving gunfire, resulting in injury to 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 its part 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.
|