Valenzuela
Valenzuela v. City of San Diego
Opinion
Opinion
Wiener, J.
Plaintiff Reginald Eric Valenzuela appeals a summary judgment entered in favor of defendant City of San Diego. Valenzuela contends factual issues remain to be litigated in his claim the city is not immune from liability for severe and permanent injuries he sustained while diving at the Sunset Cliffs/Ocean Beach area of the City of San Diego. We disagree and affirm.
Factual and Procedural Background
On June 30, 1985, 17-year-old Valenzuela and a few friends went to the beach at Sunset Cliffs. Valenzuela and his friend Richard Harrison walked out to a rock projecting out over the water. Valenzuela dove from the rock into the water twice. On the second dive, he struck his head on the bottom and suffered severe injury to his spinal cord rendering him a quadriplegic.
On the day before the accident, Valenzuela and two other friends dove from the same rock. After his second dive that day Valenzuela’s feet touched the bottom as he made his way to the surface. On both days, Valenzuela attempted to dive at a 45 degree angle to avoid striking the bottom. Although there were no warning signs regarding diving in the area where Valenzuela was injured, such signs were posted about a…