Robert Dennis Phillips v. United States

Phillips appeals from a summary judgment granted against him in his action, under the Federal Tort Claims Act ( 28 U.S.C. §§ 2671 et seq.), to recover damages for serious personal injuries that he sustained when he fell 70 feet to the base of San Antonio Falls while hiking in Angeles National Forest. The district court held that California Civil Code § 846, immunizing real property owners from liability for injuries to persons who permissively use property for recreational purposes, precluded the Government’s liability to Phillips. The question on appeal is whether there was a triable issue of fact presented by Phillips’ claim that he was an “express invitee” within an exception to Civil Code § 846 immunity. We agree with the district court that Phillips was not an express invitee within the meaning of the exception.

This tragic accident occurred on October 14, 1971, when Phillips and a friend were hiking up the side of San Antonio Falls. The falls is in the Mt. Baldy recreation area of Angeles National Forest. Sometime before the date of the accident, a sign warning of the danger of climbing in the falls area had been destroyed by vandals, and no warning sign appeared in the San…