New Torts Case

• Too Busy To Keep Up With the New CA Civil Case Law?
• Should You Know the Important New Civil Case Decisions in Your Practice Areas?

 Torts

There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal affirmed the trial court's order granting defendant's motion for summary judgment on the basis that plaintiff's personal injury action was barred by the recreational use immunity in Civil Code section 846(a). Plaintiff, who was training for a half-marathon, was jogging on property owned by defendant when she encountered a homeless encampment that blocked her path. To avoid the encampment, she ran onto the street's bicycle lane, where she was struck and injured by a car. The Court of Appeal held that jogging to train for a foot race is an activity in which one engages for a "recreational purpose" under section 846, and a property owner generally owes no duty of care to those who enter or use its property for such an activity. (C.A. 2nd, February 4, 2022.)

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I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.  

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Stat safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]