In a suit by a pedestrian in a city park who was injured by a falling tree limb, the city could not claim immunity from liability under Gov. Code 831.4 (immunity from liability for injury on unpaved paths or trails) because the trail on which plaintiff had been walking had no causal connection to the injury. It was not the placement or condition of the path that led to the injury, but rather poor maintenance of the tree. Plaintiff could easily have approached the tree by walking on the grass rather than the trail. Also there was a question of fact as to whether plaintiff was actually on the trial when the limb hit her. Since the park was completely artificial and the trees were planted, not native vegetation, the city also could not claim immunity under Gov. Code 831.2 for natural condition of unimproved property.
California Court of Appeal, Fourth District, Division 1 (Huffman, Acting P.J.); July 27, 2017; 2017 WL 3187391