Garcia v. American GolfAnnotate this Case
The Court of Appeal reversed the grant of summary judgment in favor of the City, holding that the trail immunity in Government Code section 831.4 does not immunize a dangerous condition of a commercially operated, revenue generating public golf course that causes injury to pedestrians on an adjacent trail. Plaintiff and his mother filed suit against American Golf for negligence and the City for a dangerous condition of public property after plaintiff was injured by an errant golf ball on a walkway the City contends is a trail. The Court of Appeal explained that a public golf course cannot assert a trail immunity defense when the golf course is adjacent to a trail abutting a public street; the golf course is a commercially operated, revenue-generating enterprise; the golf course has a dangerous condition that exposes people outside it to a risk of harm from third parties hitting errant golf balls; and the dangerous condition of the golf course caused harm to a user of the trail. The Court of Appeal rejected the City's warning sign and assumption of risk defenses, as well as claims of immunity afforded by Government Code sections 830.6, 820.2, and 815.2, subdivision (b).