California Appellate Tracker

Arvizu v. City of Pasadena

March 26, 2018

Under the Government Code’s “trail immunity” provision, the City of Pasadena was immune from plaintiff’s negligence claims after he slid over an unguarded ten-foot retaining wall while trying to reach a pedestrian trail in the middle of the night.

A governmental entity’s “trail” immunity under Gov. Code 831.4(b) bars plaintiff’s claim for personal injuries he suffered in a fall when, in the dark pre-dawn hours when the public was excluded from the park, he slid down a slope, across a pedestrian trail he was trying to reach, and then over an unguarded 10 ft. high retaining wall. As he was trying to reach the trail, trail immunity applied. And that immunity governs claims that the trail is unsafe because it lacks guardrails or other protective devices to prevent falls down slopes adjacent to the trail.

California Court of Appeal, Second District, Division 3 (Currey, J., sitting by assignment); February 27, 2018 (published March 23, 2018); 2018 WL 1061572

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Arvizu v. City of Pasadena

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