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Rucker v. WINCAL, LLC

jogging in the park

Court: California Courts of Appeal

Docket: B307964(Second Appellate District)

Opinion Date: February 4, 2022

Judge: Kim

Areas of Law: Personal Injury

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

The Court of Appeal affirmed the trial court’s grant of the defendant’s motion for summary judgment in an action alleging claims for negligence and premises liability. Plaintiff was jogging on the 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 the 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 the defendant.

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