Loeb v. County of San Diego
Annotate this CaseSally Loeb sued the County of San Diego (County) for personal injuries she allegedly sustained when she tripped on an uneven concrete pathway in a County park. The County filed successive motions for summary judgment based on a "trail immunity" defense, which provided absolute immunity to public entities for injuries sustained on public trails that provide access to, or are used for, recreational activities. The trial court denied these motions, finding disputed facts existed regarding whether the pathway was used for recreational purposes. But when Loeb conceded during argument over the proposed special verdict forms that the pathway was used, at least in part, for recreational purposes, the trial court granted a nonsuit in the County's favor. Loeb contended the trial court erred procedurally and substantively. Finding no reversible error in the grant of a nonsuit, the Court of Appeal affirmed.
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