The California Supreme Court ruled that the state's public defenders do not enjoy broad immunity from legal malpractice suits and can be sued for negligence just like their private counterparts. Thus,... the California Supreme Court decided that immunity for discretionary acts set forth in California Government Code §820.2 generally does not apply to a public defender’s representation of a criminal defendant.
Public defenders, like all criminal defense attorneys, should anticipate that a court may examine their performance. The Court noted that denying criminal defendants a remedy for malpractice
simply because they are indigent and represented by a public defender would be unfair.
Litigation
Don MacIntryre, et al. vs. County of Los Angeles, Jose Martin, Bourget Bros. Building Materials, Western Truck
Dec 16, 1996
OUTCOME: Verdict $2,100,000, as reported by Court of Appeal
On September 16, 1987, Christine MacIntyre was killed when a runaway truck owned by Bourget Brothers Building Materials (Bourget) and driven by Jose Martin on Kanan Dume Road crashed through the inters...ection at Pacific Coast Highway. This was a particularly dangerous intersection, having numerous runaway truck accidents, and a death rate of over 8.
Donald MacIntyre, Jeffrey MacIntyre, and Megan MacIntyre (the MacIntyres), brought a wrongful death lawsuit against Martin, Bourget, Western Truck Service, which maintained Bourget's vehicles, the County of Los Angeles, and the State of California. Martin and Bourget cross-complained against the county, the state, and Western Truck Service.
Western Truck Service settled with the Macintyres prior to Trial for $1,050,000. Martin and Bourget settled with the MacIntyres after the trial commenced for $2,500,000. The complaint and cross-complaint were to be tried together. However, during the course of the trial, Martin
and Bourget waived a jury trial as to the cross-complaint. Consequently, after both sides in the wrongful death action had rested and over the county's objection, the court severed the
cross-complaint for later trial to the court alone.
The MacIntyres' cause of action against the state and county was predicated on public entity liability for injury caused by the dangerous condition of property as set forth in Government
Code section 835. The jury returned a special verdict of $2,100,000. Notwithstanding the verdict and the finding of fault on behalf of the County, the trial court entered judgment in favor of the county based on an affirmative defense. In MacIntyre v. County of Los Angeles, supra, B080699, the Second District Court of Appeal, held that the trial court erred in entering judgment for the county, and directed the court to enter judgment for the MacIntyres.
The indemnity portion of the case went up on appeal in the case of Martin vs. County of Los Angeles (1996) 51 Cal.App.4th 688, 59 Cal.Rptr.2d 303 wherein the settlements and verdict in the underlying case were outlined.
As a result of the verdict in the MacIntyre case, the County installed a much needed Truck Arrestor Bed at the bottom of the Kanan Dume Road just before the intersection with Pacific Coast Highway. It has been used numerous times, potentially saving uncounted lives.
