Armenio

Armenio v. County of San Mateo

Good Law
1994 Cal. App. LEXIS 930·28 Cal. App. 4th 413·33 Cal. Rptr. 2d 631·94 Daily Journal DAR 13189·94 Cal. Daily Op. Serv. 7209
Court of Appeal of CaliforniaSeptember 19, 1994A063222California1,498 words

Opinion

Opinion

Haning, J.

Plaintiff and appellant Ralph Armenio appeals a summary judgment in favor of defendant and respondent County of San Mateo in his action for personal injuries. He contends the trial court erroneously concluded respondent was immune from liability by virtue of Government Code section 831.4, and that triable issues of fact exist concerning the purpose of the trail on which his injuries occurred. We affirm.

Facts and Procedural History

Appellant was injured while riding his bicycle along Sawyer Camp Trail, which is described in the park and recreation resources section of respondent’s general plan as a “scenic linear park located in the San Francisco Watershed .... This is a 6.2 mile surfaced trail with rest areas for bicyclists, hikers, joggers, and equestrians.” The “San Mateo County Trails Plan[,]” adopted in a revised edition by respondent’s board of supervisors in March 1990, two years before appellant’s injuries, identifies Sawyer Camp Trail as an “Existing Established Trail [.]” The entire area in which the trail is located and access thereto is enclosed by a fence, and the trail does not provide access to unimproved areas. It is inspected daily by respondent for…

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