Rucker v. WINCAL, LLCAnnotate this Case
The Court of Appeal affirmed the trial court's grant of defendant's motion for summary judgment in an action alleging claims for negligence and premises liability. Plaintiff was jogging on defendant's property when she encountered a homeless encampment that blocked her path. In order to avoid the encampment, she ran onto the street's bicycle lane, where she was struck and injured by a car.
The court concluded that jogging to train for a foot race is an activity in which one engages for a recreational purpose under Civil Code section 846 and a property owner generally owes no duty of care to those who enter or use its property for such an activity. Because plaintiff failed to demonstrate a triable issue of material fact as to her negligence and premises liability claims, the trial court did not err by granting summary judgment in favor of defendant.