Spence

SUMMARY JUDGMENT DECISION

INTRODUCTION

Defendant United States of America (“Government”) seeks summary judgment on plaintiff Jeanine Spence’s (“Ms. Spence’s”) negligence and premise liability claims arising from her bicycle fall at a military training facility during a cycling event. The Government seeks to bar Ms. Spence’s claims pursuant to her written release, California recreational use immunity, and the doctrine of primary assumption of risk. Ms. Spence responds that disputed issues of material fact bar summary judgment and that the Government advances inapplicable legal theories. This Court considered the Government’s summary judgment motion on the record and VACATES the April 13, 2009 hearing, pursuant to Local Rule 78-230(h). For the reasons discussed below, this Court GRANTS the Government summary judgment.

BACKGROUND

Summary

On May 14, 2005, Ms. Spence bicycled in the Central Coast Double Century (“CCDC”), a difficult 210-mile recreational bicycling challenge which passes through Fort Hunter Liggett (“FHL”), a Government military training facility in Monterey County. Her bicycle’s front wheel fell into a gap in FHL’s Nacimiento Bridge, a steel bridge, and Ms. Spence…