DeVito

DeVito v. State of California

Good Law
1988 Cal. App. LEXIS 552·202 Cal. App. 3d 264·248 Cal. Rptr. 330
Court of Appeal of CaliforniaJune 20, 1988B031330California2,720 words

Opinion

Opinion

George, J.

Plaintiff sued the State of California, the County of Los Angeles, the City of Los Angeles, and the Santa Monica Mountains Conservancy because of personal injuries sustained when she fell while swinging from an object attached to a tree in Fryman Canyon. The State of California’s demurrer to the first amended complaint was sustained without leave to amend. Plaintiff appeals from the order of dismissal entered as to the state, contending Government Code section 831.7, which provides governmental immunity for injuries sustained during hazardous recreational activities, does not bar her suit. For the reasons discussed below, we affirm the order (judgment) of dismissal.

Facts

Plaintiff’s first amended complaint alleged that “[o]n or about December 7, 1986 plaintiff was hiking on the Dearing Trail in the rainforest section of Fryman Canyon, a portion of the Santa Monica Mountains Conservancy . . . .” She came upon a “fire hose . . . hung from a tree. . . . [fl] Plaintiff . . . swung from the hose, fell, and severely injured herself.” Plaintiff alleged she was unaware of “the unique danger posed to any person who swung on such hose that a fall would be from a much greater…

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