Gray•Duffy Obtains Significant Defense Victory and Successful Summary Judgment For Large Private Recreational Landowner

January 2008

Overview

Brian Plessala obtained a significant defense victory with a successful summary judgment on behalf of a large private recreational landowner and its land/recreational management subsidiary.

Discussion

Annie Arden Jervey v. Green Valley Mutual Water District

The plaintiff maintained a boat on the defendant’s property and was also a shareholder in the landowner’s recreation business. The plaintiff was injured when she fell on a slope walking down to show her boat to a friend. Mr. Plessala represented the recreational landowner.

The Superior Court granted summary judgment to Mr. Plessala’s client based on “Recreational Immunity,” which immunizes private landowners, who hold their property open to the public without fee, against claims of recreational users based on allegations of hazards on the property absent willful or malicious misconduct.

The plaintiff sought to avoid summary judgment by arguing that she was not engaging in a recreational activity at the time of the incident. However, the court was persuaded by Mr. Plessala’s counter-argument that she was hiking and “preparing” to use her boat, both of which qualify as recreational activities under the code. The plaintiff also argued that certain fees she paid eliminated the defense, but Mr. Plessala successfully argued that the fees were not “entry fees” which would have void the defense.

Mr. Plessala also successfully handled the plaintiff’s appeal of the summary judgment. The case was eventually dismissed for a waiver of costs as part of the Court of Appeal mediation program.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.