Ramariz

Procedural and Factual Background

On August 29, 1982, plaintiff, Aurelio Ramariz, injured himself, suffering quadriplegia, when he allegedly struck his head on an object while swimming in Lake Yosemite. His devastating injuries, inability to speak English, lack of family in the area, and his ignorance of the Government Code resulted in his not filing a claim within the 100 days as required. (Gov. Code, § 900 et seq.)

Lake Yosemite is owned by defendant Merced Irrigation District and is operated by the Parks and Recreation Division of defendant County of Merced. Lake Yosemite is part of Lake Yosemite Park, which has an area of more than 460 acres. The lake itself has a circumference of approximately 3.6 miles and is used primarily as a water storage area and flood control facility for the Merced Irrigation District.

The lake’s recreational facilities include beaches and swimming areas, boat rental facilities, docks and ramps for boating, a number of different piers, camping areas, cooking facilities, concession stands, and picnic tables. Thousands of persons utilize these facilities each year. There are a number of different people working at the lake at various times,…