Bacon
Bacon v. Southern Cal. Edison Co.
Opinion
Opinion
Yegan, J.
Thirteen-year-old David D. Bacon appeals from the summary judgment granted to defendant Southern California Edison Company. The trial court ruled that Edison was immune from liability pursuant to Civil Code section 846, and that Bacon failed to show an issue of fact as to whether Edison willfully or maliciously failed to maintain the electrical transmission tower or warn or guard against a dangerous condition of the tower where Bacon was injured.
We affirm. Edison refuted Bacon’s allegation of willful or malicious conduct by presenting evidence that it placed barbed wire and a warning sign at the tower and that the warning sign and barriers were extant at the time Bacon climbed the tower. Although Bacon argued that the warning sign and barriers were in a state of disrepair, his evidence showed, at most, that Edison’s conduct was negligent.
Facts
At the age of 13, Bacon sustained permanent injuries when he climbed to the top of an electrical transmission tower, received a shock and was knocked to the ground. Edison owned the tower and the real property under it. The tower is located in a residential neighborhood, near a park and a paved pathway.