Perez v. Oakdale Irrigation Dist.
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In this case, Maria Ruiz Perez and minor children of the deceased, Hector Evangelista and Giselle Evangelista, filed a lawsuit against the Oakdale Irrigation District (OID) after a tragic accident resulted in the deaths of Hector and Giselle. The accident occurred when their vehicle overturned and landed in a drain, leading to their drowning. The plaintiffs contended that the water level in the drain, which was a public property managed by the OID, was a dangerous condition that led to the fatalities. However, the Superior Court of Stanislaus County granted summary judgment in favor of OID, citing "canal immunity" under Government Code, § 831.8, subd. (b), which immunizes the state or an irrigation district from liability for injuries caused by the condition of canals, conduits, or drains if the injured party was using the property for a purpose other than its intended use.
The plaintiffs appealed this decision, arguing that canal immunity should apply only when the injured party intentionally used the public property in a manner not intended by the government. The Court of Appeal of the State of California, Fifth Appellate District rejected this interpretation. Instead, the appellate court held that canal immunity applies when the injured person interacts with the canal, conduit, or drain in a manner not intended by the government, regardless of whether that interaction was intentional or involuntary. The court based this interpretation on the legislative intent behind the statute, which was to define the scope of immunity in terms of how foreseeable the injury was to the government, rather than the degree of responsibility assumed by the injured party. Thus, the court affirmed the judgment in favor of OID.
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