Toeppe

*923 A tree branch fell on Lorin Toeppe while she and her boyfriend were walking through Mission Bay Park. She filed suit against the City of San Diego (City) alleging the existence of a dangerous condition on public property, namely a negligently maintained eucalyptus tree. The City prevailed on summary judgment, arguing that Toeppe was struck by the tree branch while standing on a trail; thus, the City could not be liable under Government Code 1 section 831.4 (trail immunity).

Toeppe appeals the ensuing final judgment following the City's successful motion for summary judgment. Toeppe's challenge to the judgment is two-fold. First, she asserts trail immunity does not apply under the facts of this case. To this end, Toeppe emphasizes that her claim of a dangerous condition is based on a negligently maintained eucalyptus tree, not the condition of the trail passing through the park. Second, she contends even if trail immunity does apply, a disputed issue of material fact exists as to where she was located when the branch struck her. We agree with her on both grounds. Toeppe's claim in this case does not give rise to trail immunity. In addition, there was a disputed issue of…