Wheeler v. Santa Cruz County Regional Transportati
Plaintiff Lisa Wheeler was walking through a wet tunnel located by Davenport Beach when she slipped and fell, allegedly sustaining injuries. The tunnel, which had existed for decades, was made of natural rock that had been cut out by human activity. The ground in the tunnel contained rocks, along with water from a diverted creek that ran through the tunnel to the ocean. Plaintiff filed a civil action against defendant Santa Cruz County Regional Transportation Commission for premises liability. The trial court granted defendant’s motion for summary judgment on the grounds that defendant was entitled to public entity tort immunity under Government Code section 831.2, which provides immunity against claims for injuries caused by a natural condition, and section 831.7, which generally provides immunity for injuries arising out of a hazardous recreational activity.
For reasons that we will explain, we determine that plaintiff’s action is barred under the natural condition immunit
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