Carmody

INTRODUCTION

James Carmody appeals from an order denying his petition under the Government Claims Act (Gov. Code, § 810 et seq.)1 for relief from the requirement a plaintiff must present a personal injury claim to a public entity no later than six months after the cause of action accrues. Carmody argues that the trial court erred in determining when his causes of action accrued because such a determination was for a jury and that the court erred in finding he failed to use reasonable diligence in pursuing his claim. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Carmody Falls at Los Angeles International Airport According to Carmody, he traveled through Los Angeles International Airport on April 14, 2022, on his way from New Zealand to Massachusetts, where he lives. As Carmody rode up an escalator, he dropped a bag. He went to retrieve it by walking down a non-operative escalator. Carmody slipped, fell to the bottom of the escalator, and broke his clavicle. After receiving medical care in a local emergency room, Carmody returned to Massachusetts. There he saw an orthopedist, who told Carmody surgery was not necessary. Six months later, however, Carmody’s clavicle had not…