1123. Affirmative Defense Design Immunity (Gov. Code, § 830.6)

1123. Affirmative Defense--Design Immunity (Gov. Code, § 830.6) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims it is not responsible for harm to [name of plaintiff] caused by the plan or design of the [insert type of property, e.g., highway]. In order to prove this claim, [name of defendant] must prove both of the following: 1. That the plan or design was [prepared in conformity with standards previously] approved before [construction/improvement] by the [[legislative body of the public entity, e.g., city council]/[other body or employee, e.g., city civil engineer]] exercising discretionary authority to approve the plan or design; and That the plan or design of the [e.g., highway] was a substantial factor in causing harm to [name of plaintiff]. 2. ___________________________________________________________________________ New December 2014; Revised June 2016