Jones

Jones v. City of Ukiah CA1/4

Good Law
Court of Appeal of CaliforniaJuly 19, 2013A132004California3,972 words

Opinion

Opinion

Rivera, J.

I. BACKGROUND

Plaintiff asserted causes of action against the City for general negligence and premises liability, including an allegation that the City owned public property on which a dangerous condition existed. According to the complaint, City employees so negligently maintained a City softball field and so negligently supervised those maintaining the field as to allow a dangerous condition on the property and cause serious injury to plaintiff. The City moved for summary judgment.

1 Plaintiff, an adult, slid into second base during a softball game in October 2008, and fractured his ankle. He testified that his foot jammed under the base. Plaintiff had signed a two-sided document. One side of the document stated: ―2008 FALL MEN‘S SOFTBALL LEAGUE SOFTBALL ROSTER FORM [¶] ALL PLAYERS MUST SIGN BELOW BEFORE THEY CAN PLAY.‖ Immediately below this heading, in smaller typeface, the form stated: ―[¶] A player signing his name on this Softball Roster form acknowledges that they have read and understand all of the provisions of the waiver and release form on the reverse side of this form. [¶] Please contact the Community Services Department for more information: 463-6714.” Below this…

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