Whitehead v. City of Oakland

Summary

The court held that Civil Code section 1668 makes unenforceable a release purporting to exempt a public entity from liability for negligently violating its statutory duty to maintain public roadways in a reasonably safe condition. The release signed by Whitehead could not bar his claim based on the City's alleged violation of Government Code section 835, and the lower courts erred by applying the framework governing releases of common-law negligence claims. The court reversed and remanded for further proceedings, including consideration of the City's primary-assumption-of-risk argument.