Manuel

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas and Electric Company (PG&E). Tragically, she came in contact with a live transformer and was severly shocked, suffering serious injuries. She died 11 days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKGROUND

The Facts

PG&E owns transmission tower 40/195 (the tower), situated on an easement it owns in Lake County. According to pictures in evidence, the tower is located away from any dwellings or buildings, with a gate seemingly blocking access to it. The tower had attached to it anticlimbing guards, which were triangular shaped pieces of metal. These guards, particularly how they were attached and configured, became the subject of controversy, as discussed in detail below. Likewise in controversy, and likewise discussed below, was whether the tower had any warnings on it.

At approximately 10:00 p.m. to 10:30 p.m. on June 28, 2004, 14-year-old Erika went for a walk with her friend, Antonio Magalhaes. They walked on a trail that started by Erika’s home, and they came upon the tower. Erika…