Long Time Forum Member gw_12 Injured in Crash
07-19-17, 09:01 AM
#26
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Section 831.4, subdivision (c) provides that a public entity is not liable for an injury caused by a condition of “[a]ny paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety․”
Prokop is mistaken again. A “recreational easement” is not the same thing as an “easement of way,” which has been granted to a public entity to provide access to unimproved property. Subdivision (c) of section 831.4 concerns “easements over private property,” and its exclusive emphasis “ ‘is, and has always been, access.’ ” (Armenio, supra, 28 Cal.App.4th at p. 417, 33 Cal.Rptr.2d 631, quoting Giannuzzi, supra, 17 Cal.App.4th at p. 466, 21 Cal.Rptr.2d 335.) The bikeway along the Los Angeles River is clearly not an easement of way for access to unimproved property.
The Iron Horse trail parallel to Broadway between Newell and Rudgear similarly does not appear to qualify as an easement of way for access to unimproved property.
07-19-17, 11:21 AM
#27
The Left Coast, USA
That issue was raised in the Prokop decision and the Appeals Court rejected it:
Prokop is mistaken again. A “recreational easement” is not the same thing as an “easement of way,” which has been granted to a public entity to provide access to unimproved property. Subdivision (c) of section 831.4 concerns “easements over private property,” and its exclusive emphasis “ ‘is, and has always been, access.’ ” (Armenio, supra, 28 Cal.App.4th at p. 417, 33 Cal.Rptr.2d 631, quoting Giannuzzi, supra, 17 Cal.App.4th at p. 466, 21 Cal.Rptr.2d 335.) The bikeway along the Los Angeles River is clearly not an easement of way for access to unimproved property.
The Iron Horse trail parallel to Broadway between Newell and Rudgear similarly does not appear to qualify as an easement of way for access to unimproved property.
Prokop is mistaken again. A “recreational easement” is not the same thing as an “easement of way,” which has been granted to a public entity to provide access to unimproved property. Subdivision (c) of section 831.4 concerns “easements over private property,” and its exclusive emphasis “ ‘is, and has always been, access.’ ” (Armenio, supra, 28 Cal.App.4th at p. 417, 33 Cal.Rptr.2d 631, quoting Giannuzzi, supra, 17 Cal.App.4th at p. 466, 21 Cal.Rptr.2d 335.) The bikeway along the Los Angeles River is clearly not an easement of way for access to unimproved property.
The Iron Horse trail parallel to Broadway between Newell and Rudgear similarly does not appear to qualify as an easement of way for access to unimproved property.
To digress, I notice "Bay Are Bicycle Law" lawyers are sponsoring the Oakland Pedalfest this weekend,. Never heard of this group or its attorneys, I guess it's time for cyclists to have their own PI specialty attorneys: https://bayareabicyclelaw.com/
07-19-17, 11:32 AM
#28
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We're not even at the "lawyering" stage yet. First of all, its up to the injured party to decide if he feels there's a cause of action, and whether he wants to pursue it.
We should focus on giving him support in the form of best wishes and encouragement as he works toward his recovery.
__________________
FB
Chain-L site
An ounce of diagnosis is worth a pound of cure.
Just because I'm tired of arguing, doesn't mean you're right.
“One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN
WARNING, I'm from New York. Thin skinned people should maintain safe distance.
FB
Chain-L site
An ounce of diagnosis is worth a pound of cure.
Just because I'm tired of arguing, doesn't mean you're right.
“One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN
WARNING, I'm from New York. Thin skinned people should maintain safe distance.
07-22-17, 04:16 PM
#30
Family, Health, Cycling
Thread Starter
Midland and I visited Glenn in the hospital today, he is in fine spirits.
His prognosis is excellent and the care he's getting is top notch.
He is probably going home tomorrow.
His prognosis is excellent and the care he's getting is top notch.
He is probably going home tomorrow.
07-31-17, 02:21 PM
#32
Family, Health, Cycling
Thread Starter
Rode over to see the kid at his house yesterday, with Midland.
A nice little Metric, round trip.
He is in great spirits, his wife and son are taking great care of him.
Like most athletes he is motivated by progress and milestones.
He is working hard on his PT and range of motion exercises.
Great progress is being made.
A nice little Metric, round trip.
He is in great spirits, his wife and son are taking great care of him.
Like most athletes he is motivated by progress and milestones.
He is working hard on his PT and range of motion exercises.
Great progress is being made.
07-31-17, 02:42 PM
#33
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That issue was raised in the Prokop decision and the Appeals Court rejected it:
Prokop is mistaken again. A “recreational easement” is not the same thing as an “easement of way,” which has been granted to a public entity to provide access to unimproved property. Subdivision (c) of section 831.4 concerns “easements over private property,” and its exclusive emphasis “ ‘is, and has always been, access.’ ” (Armenio, supra, 28 Cal.App.4th at p. 417, 33 Cal.Rptr.2d 631, quoting Giannuzzi, supra, 17 Cal.App.4th at p. 466, 21 Cal.Rptr.2d 335.) The bikeway along the Los Angeles River is clearly not an easement of way for access to unimproved property.
The Iron Horse trail parallel to Broadway between Newell and Rudgear similarly does not appear to qualify as an easement of way for access to unimproved property.
Prokop is mistaken again. A “recreational easement” is not the same thing as an “easement of way,” which has been granted to a public entity to provide access to unimproved property. Subdivision (c) of section 831.4 concerns “easements over private property,” and its exclusive emphasis “ ‘is, and has always been, access.’ ” (Armenio, supra, 28 Cal.App.4th at p. 417, 33 Cal.Rptr.2d 631, quoting Giannuzzi, supra, 17 Cal.App.4th at p. 466, 21 Cal.Rptr.2d 335.) The bikeway along the Los Angeles River is clearly not an easement of way for access to unimproved property.
The Iron Horse trail parallel to Broadway between Newell and Rudgear similarly does not appear to qualify as an easement of way for access to unimproved property.
And I don't know Glenn but let me add my well-wishes also.
07-31-17, 11:08 PM
#34
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+1
We're not even at the "lawyering" stage yet. First of all, its up to the injured party to decide if he feels there's a cause of action, and whether he wants to pursue it.
We should focus on giving him support in the form of best wishes and encouragement as he works toward his recovery.
We're not even at the "lawyering" stage yet. First of all, its up to the injured party to decide if he feels there's a cause of action, and whether he wants to pursue it.
We should focus on giving him support in the form of best wishes and encouragement as he works toward his recovery.
With that being said, let it go, FBinNY.
Unless you've ridden the trail to know how bad it is, or know if a lawyer has been contacted, please refrain from judgment here.
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Glad to hear that the surgery went well. My best wishes to him.
Maybe we should all get together and see what can be done since we all use this multi use trail. We aren't the only ones who can get caught up on those roots or other areas that are dangerous to the public.
08-02-17, 12:17 AM
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Sorry to hear about Glenn's accident.
Glad he is back home and healing.
Glad he is back home and healing.
