Trig Neal v. Bently Nevada Corp.

5 F.3d 538 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Trig NEAL, Plaintiff-Appellant, v. BENTLY NEVADA CORP., Defendant-Appellee. No. 91-16291. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 12, 1993. Decided Sept. 13, 1993. Appeal from the United States District Court for the District of Nevada, No. CV-89-00779-ECR; Edward C. Reed, Jr., District Judge, Presiding. D.Nev., 771 F.Supp. 1068 . AFFIRMED. Before: PREGERSON, BOOCHEVER, and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Trig Neal appeals from a grant of summary judgment for defendant Bently Nevada Corporation ("Bently"). Neal was injured when he dove into shallow water from a rope swing located on Bently's property. Bently invoked Nevada's "recreational use statute," which precludes landowner liability except for "willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity...." On defendant's motion for summary judgment, the district court…