Tessier

Edward Tessier and his guardian appeal an order granting summary judgment in favor of the City of Newport Beach (City). We agree with the trial court’s ruling that the City is immune from liability for the injuries Tessier suffered when he dove into the surf on the City’s public beach.

I

On August 15, 1984, Tessier, then age 16, became a paraplegic after breaking his neck when he walked into the ocean, dove into a wave, and struck his head on a concealed sandbar. The City rejected his claim for damages and he filed suit based on premises liability, negligence, and strict liability. A second amended complaint alleged only two causes of action: (1) a dangerous condition of public property; and (2) negligence for failure to warn of the dangerous condition.

The City moved for summary judgment, asserting immunity from injuries caused by a natural condition (Gov. Code, § 831.2) and immunity based on Tessier’s engaging in a “hazardous recreational activity.” (Gov. Code, § 831.7.) A declaration by the City’s marine director, David Harshbarger, was submitted in support of the motion. Tessier responded with voluminous evidence outlining the history of the development of Newport…