Spence v. United States

SUMMARY JUDGMENT DECISION

LAWRENCE J. O’NEILL, District Judge.

INTRODUCTION

Defendant United States of America (“Government”) seeks summary judgment on plaintiff Jeanine Spence’s (“Ms. Spence’s”) negligence and premise liability claims arising from her bicycle fall at a military training facility during a cycling event. The Government seeks to bar Ms. Spence’s claims pursuant to her written release, California recreational use immunity, and the doctrine of primary assumption of risk. Ms. Spence responds that disputed issues of material fact bar summary judgment and that the Government advances…