AGC is pleased to announce that Butte County Superior Court Judge Robert A. Glusman granted the City of Chico’s Motion for Summary Judgment on the grounds that the City is immune from liability under Govt. Code § 831.4 – (Recreational Trial Immunity.)
Plaintiff, legally blind, was walking on a designated bike path in the City of Chico when she tripped and fell in an open hole located in the middle of the pathway. Plaintiff sustained serious injuries to her face and teeth, requiring extensive surgery.
Roger A. Colvin of Alvarez-Glasman & Colvin filed a Motion for Summary Judgment seeking a dismissal of the entire action on the grounds that the City was immune under Govt. Code § 831.4, even if a dangerous condition existed causing Plaintiff’s fall.
Judge Glusman ruled in favor of the City and granted Summary Judgment. Plaintiff subsequently filed a dismissal of the action, foregoing an appeal.