Larsen v. City of Folsom CA3
Plaintiff Wyatt Larsen fell in a city bicycle lane while participating in a group cycling ride organized by Cycle Folsom. He fell while riding third back in a two-column or “two-up” paceline and sued the City of Folsom (the City) for alleged negligent maintenance of the bicycle lane.
The City moved for summary judgment, asserting the affirmative defense of primary assumption of risk and further claiming the pavement irregularity where Larsen fell was a trivial defect for which it had no liability as a matter of law. The trial court ruled Larsen demonstrated no triable issue of material fact and granted the City’s motion for summary judgment.
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