Gibbons
Gibbons v. East Bay Regional Park District CA1/1
Opinion
Opinion
Smiley, J.
I. BACKGROUND
Grant was “an avid and seasoned cyclist.” One morning in August 2020, he was cycling with his sister and a friend from Oakley to Concord and back, on a route he had “familiariz[ed] himself with” in advance “to ensure . . . public facilities” the group would “traverse were safe, accessible and regularly utilized by cyclists.” “[O]n the return leg of the trip, the group approached Ambrose Park.” “Proceeding along the sidewalk north of the park,” they reached a “wooden gate affixed with three metal signs.” The first “denoted the gate as an entrance to the Delta de Anza tr[ai]l, while the second sign listed . . . rules for trail users. The third and smallest sign read[]: ‘Warning Rough Trail.’ ” “After passing through the wooden gate, while proceeding in a normal and foreseeable fashion,” Grant’s “front tire entered and became wedged” in one “among a network of cracks or gaps in the [trail’s] surface, throwing him over the handlebars head-first onto the concrete surface.” He sustained a traumatic brain injury and lost consciousness. Grant passed away at a hospital 10 days later from resulting complications.
2 The cracks and gaps that caused this fatal accident “…