New v. Consolidated Rock Products Co.

Opinion

FEINERMAN, P. J.

Plaintiffs, Richard New and Bruce A. Williams, were injured while riding their motorcycles on the property of defendant, Consolidated Rock Products. In a pretrial ruling, the superior court held that defendant was entitled to the protection of Civil Code section 846, which immunizes landholders from liability to nonpaying recreational users of their property, except where the landholder willfully or maliciously fails to warn or guard against a dangerous condition. By way of a special verdict, the jury found that defendant had acted willfully or in conscious disregard of…