Fuller

Plaintiff appeals from a judgment of the Santa Cruz County Superior Court, after jury verdict, in favor of defendants.

Questions Presented

1) Section 831.2 of the Government Code providing immunity for injury caused by a natural condition of unimproved public property applies.

2) Whether plaintiff’s injury was caused by a dangerous condition of public property was a jury question.

3) Instruction on assumption of risk was proper.

4) Instruction on contributory negligence was proper.

5) Instruction on prior accidents was proper.

6) Evidence of subsequent accidents not admissible.

7) Plaintiff’s proposed instructions were properly refused.

8) No error in giving certain instructions.

9) No misconduct by the trial judge.

10) Court’s denial of motion to proceed in forma pauperis cannot be reviewed on appeal.

Record

A complaint for personal injuries was filed by Stephen W. Fuller, a minor, by and through his guardian ad litem, John W. Fuller, against the State of California (hereinafter “State”) and City of Santa Cruz (hereinafter “City”) as defendants charging said defendants with carelessness and negligence in connection with the injuries received by Stephen in…