Burgueno v. Regents of the Univ. of Cal.Annotate this Case
Adrian was a full-time student at UCSC, living in an off-campus apartment. He commuted to the university on his bicycle, traveling on the Great Meadow Bikeway, a paved bike path that runs through part of the UCSC campus. Constructed in 1973, the purpose of the Bikeway is bicycle transportation to and from the central campus that is separate from automobile traffic. There have been several bicycle accidents on the Bikeway. After Adrian was fatally injured in a bicycle accident on the Bikeway, his family sued, alleging that the Regents of the University of California were liable for Adrian’s death due to the dangerous condition of the Bikeway. The trial court granted the Regents summary judgment on the ground that the action was barred under the recreational trail immunity provided by Government Code section 831.4.2 The court of appeal affirmed, holding that the causes of action for dangerous condition of public property and wrongful death are barred as a matter of law because the Regents have absolute immunity from claims arising from Adrian’s accident.