Carroll

Carroll v. County of Los Angeles

Good Law
1997 Cal. App. LEXIS 1104·60 Cal. App. 2d 606·60 Cal. App. 4th 606·70 Cal. Rptr. 2d 504·97 Daily Journal DAR 19
Court of Appeal of CaliforniaDecember 30, 1997B112393California1,162 words

Opinion

Opinion

Nott, J.

This appeal presents the question of whether a paved bicycle path qualifies as a “trail” under the immunity provisions of Government Code section 831.4. We hold that it does, and affirm the judgment that was entered in favor of respondent County of Los Angeles (the County) against appellant Colleen Carroll.

Facts

The South Bay Bicycle Path (the Path) stretches along the coast from Santa Monica through Redondo Beach. The Path is 19.2 miles long. It is located mainly on the beach, although at some points it runs adjacent to beachfront homes and sidewalks. The Path is paved, and is wide enough to support two-way traffic, with a yellow stripe down the center as a divider. Although the Path is designated as a “bicycle path,” it is also used daily by walkers, joggers, skateboarders, rollerskaters, and rollerbladers.

The subject incident took place on May 17, 1993, at approximately 7:30 p.m. near 1st Street in Manhattan Beach. Appellant was rollerblading where the Path intersects a walkway. She claims that her left rear wheel struck a crack, causing her to fall and fracture her right elbow.

After litigation was commenced, the parties proceeded to nonbinding arbitration,…

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