McCauley
McCauley v. City of San Diego
Opinion
Opinion
Work, J.
Michael McCauley appeals a defense judgment on his complaint alleging the City of San Diego (City) owned and maintained a “dangerous condition” of property which proximately caused his injuries within the meaning of Government Code section 835. He contends the trial court erred in concluding the City was statutorily immune from liability for his injuries caused by a dangerous natural condition located on unimproved public property pursuant to sections 831.2 and 831.4, in part because he alleges the City has assumed “risk management” of the unimproved property by posting warning signs which proved to be inadequate. In particular, he claims the court failed to correctly interpret and apply the legal holding of Gonzales v. City of San Diego (1982) 130 Cal.App.3d 882 [ 182 Cal.Rptr. 73 ], to the facts of this case. He further urges the trial court erred in failing to find the City had an independent duty to warn of known dangerous natural conditions pursuant to section 835 despite the immunity provisions of sections 831.2 and 831.4 where such negligence is an independent and separate cause for the accident. For the reasons which follow, we conclude the trial court’s action is…