Farnham

Farnham v. City of Los Angeles

Good Law
1998 Cal. App. LEXIS 1071·68 Cal. App. 4th 1097·80 Cal. Rptr. 2d 720·98 Daily Journal DAR 12991·98 Cal. Daily Op. Serv. 9341
Court of Appeal of CaliforniaDecember 23, 1998B117963California2,267 words

Opinion

Opinion

Nott, J.

Daniel R. Farnham appeals from a judgment entered in favor of respondent City of Los Angeles (City) following the grant of a motion for judgment on the pleadings. Wé affirm for the reason that the provisions of Government Code section 831.4 provide complete immunity against appellant’s suit.

Facts

Sepulveda Basin Bikeway (the Bikeway) is a class I bikeway as defined by Streets and Highways Code section 890.4, subdivision (a). The Bikeway is paved and runs along the perimeter of Balboa Park in the City.

On April 11, 1995, during daylight hours between 5:00 and 5:30 p.m., appellant and a companion were riding separate bicycles on the Bikeway. A portion of the outer pavement gave way as appellant crossed it, causing him to be thrown into an adjacent ditch. He alleges that as a result of the accident, he suffered serious head and neck injuries.

After giving appellant one opportunity to amend his complaint for negligence and creation of a dangerous condition, the trial court granted the City’s motion for judgment on the pleadings under Government Code section 831.4. Appellant filed a timely notice of appeal.

Contentions

In Carroll v. County of Los Angeles (1997) 60…

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