Montenegro

Montenegro v. City of Bradbury

Good Law
155 Cal. Rptr. 3d 732·2013 Cal. App. LEXIS 319·215 Cal. App. 4th 924·2013 WL 1768660
Court of Appeal of CaliforniaApril 25, 2013B242953California3,417 words

Opinion

Opinion

Manella, J.

Appellant Ana Maria Montenegro appeals the trial court’s grant of summary judgment in favor of respondent City of Bradbury. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Montenegro allegedly sustained injuries after falling over a protruding tree trunk while walking along a pathway located beside Royal Oaks Drive North in Bradbury. Montenegro brought suit against Bradbury for negligence, willful failure to warn of a dangerous condition, and dangerous condition of public property, claiming that the exposed tree root and inadequate lighting created a dangerous condition.

According to descriptions and depictions provided by the parties, the subject pathway is approximately one-half mile long and is located on a piece of land which runs between Bradbury and the neighboring City of Duarte. A white rail fence separates the two cities. The pathway is approximately 7.5 feet wide.

Bradbury moved for summary judgment contending that the pathway was a “recreational trail” within the meaning of Government Code section 831.4, subdivision (a), which provides that public entities are not liable for injuries caused by the condition of trails used for certain recreational purposes,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.