Kuykendall

Plaintiff appeals from a summary judgment in a personal-injury action in favor of defendant state. Affirmed.

Background:

In March 1983, plaintiff suffered quadriplegic injuries when he swung from a rope hanging from a tree limb overhanging a canyon on public land, lost his grip on the rope, and fell on his back. The area, known as Fryman Canyon and often referred to as the “rain forest,” had been acquired by defendant in August 1981, and was at the time of the accident vacant, unimproved land.

Defendant moved for, and the trial court granted, summary judgment under Government Code section 831.2, which provides immunity from liability for injuries caused by “a natural condition of any unimproved public property.” On appeal, plaintiff contends a rope tied to a tree limb is not a “natural condition” within the meaning of the immunity statute, and therefore summary judgment was improper.

Discussion

On a motion for summary judgment, issue finding, not issue determination, is the trial court’s function. (Wiler v. Firestone Tire & Rubber Co. (1979) 95 Cal.App.3d 621, 625 [ 157 Cal.Rptr. 248 ]; Axley v. Transamerica Title Ins. Co. (1978) 88 Cal.App.3d 1, 8 [ 151 Cal.Rptr.…