McDaniel

The underlying personal injury action was brought on behalf of a child who nearly drowned in a creek located on property adjacent to defendant Sunset Manor Company. Plaintiff appeals from an entry of judgment after defendant Sunset Manor’s motion for summary judgment was granted.

Factual and Procedural Background

On July 21, 1980, Eva Marie McDaniel, age two years and three months, resided with her parents and siblings in Sunset Manor, a federally funded housing project subsidized by the United States Department of Housing and Urban Development (HUD). This project consisted of approximately 20 buildings. Appellant’s unit was situated toward the middle of the complex and included a patio fully enclosed by a six-foot fence and gate. At that time, Sunset Manor had a population of approximately 300 children. On its northern and eastern boundaries, Sunset Manor is bordered by public sidewalk and roadway. On its western boundary, Sunset Manor is bordered by a redwood slat fence standing approximately 6 feet in height and 857 feet in length. On its southern boundary, Sunset Manor is bordered by a similar fence running over 400 feet. Laurel Creek is located to the south of…