Lee v. Department of Parks and RecreationAnnotate this Case
After plaintiff broke her ankle on a stairway in the Bootjack Campground within Mt. Tamalpais State Park, she filed suit against State Parks for premises liability. The trial court awarded summary judgment to State Parks.
The Court of Appeal affirmed the trial court's ruling that State Parks was entitled to immunity because the stairway is a "trail," or at least an "integral part" of a trail, within the meaning of Government Code section 831.4, subdivision (b). However, the court reversed the trial court's award of attorney's fees and costs, holding that the issue of immunity was not so clear cut that plaintiff's lawsuit lacked reasonable cause.