Prokop

SUMMARY

The City of Los Angeles has absolute immunity under Government Code section 831.4 from liability for injuries suffered by a bicyclist who collided with a chain link fence immediately after exiting a class I bikeway located along the Los Angeles River.

FACTUAL, LEGAL AND PROCEDURAL BACKGROUND

David Prokop sued the City of Los Angeles, seeking damages for injuries he suffered while bicycling along a bikeway, designed by the city, which runs along the south side of the Los Angeles River between Riverside Drive and Los Feliz Boulevard. He alleged that, while bicycling along the bike path, east of Victory Boulevard in Griffith Park, he sought to exit the path at its end through an opening provided for bicyclists. When he attempted to cycle through the opening, ignoring the message painted on the pavement that stated “WALK BIKE,” he collided with a chain link fence, causing a severe laceration to his forehead, loss of consciousness and neck pain. He claimed bicyclists have to curve sharply several times in order to exit the path and avoid the fence, which he asserted is placed too close to the bike path. Prokop alleged that his injuries were the result of a dangerous…