Lee v. City of San Jose CA6

I. BACKGROUND

The trial court recited the following evidence in its order granting summary judgment, based on the City’s separate statement of undisputed material facts. While walking on a paved portion of the Guadalupe River Trail down the ramp of the Montague Expressway overpass, plaintiff was struck from behind by a cyclist. The Guadalupe

The trial court also granted summary judgment for the City based on “design

immunity” under Government Code section 830.6. Because we reach our disposition under section 831.4, subdivision (b), we do not address plaintiff’s challenge to the design immunity ruling or her subsidiary arguments challenging the denial of her motions for continuance and reconsideration. River Trail is owned by the Santa Clara Valley Water District and maintained by the City of San Jose. The portion of the trail where plaintiff was injured is called the Guadalupe Trail Bikeway. The Bikeway is a 6.4-mile paved trail adjacent to the Lower Guadalupe River, extending from Interstate 880 to Gold Street in Alviso. It was developed for recreational uses such as walking, running and cycling. The Bikeway supports two-way traffic and is divided by a yellow…