Shipman
Shipman v. Boething Treeland Farms, Inc.
Opinion
Lead Opinion
Gilbert, J.
Plaintiff, a trespasser, drives his all-terrain vehicle (ATV) on private property owned by defendants. His vehicle collides with one driven by defendants’ employee. Plaintiff’s cause of action against defendants alleges, among other things, negligent operation of a motor vehicle and premises liability.
Here we conclude that the immunity provisions of Civil Code section 846 apply to defendants.
Trent Shipman, through his guardian ad litem, appeals from the summary judgment granted respondents Boething Treeland Farms, Inc., and the Boething Family Trust (Boething) and Boething’s employee, Roberto Tamayo Martinez. Martinez filed a protective cross-appeal against Boething. We affirm.
Facts
When Shipman was 16 years old, he drove his ATV on the dirt road of Boething’s tree farm to look at a pond. He was not invited onto the property, he did not pay to enter the property and his use was recreational.
Early in the day, Martinez suffered an injury to his eye while working as a waterer for Boething. Around midday, Martinez obtained permission to retrieve his belongings and to leave work early. While driving on the Boething property to retrieve his belongings, Martinez’s…