Toeppe v. City of San Diego

*923A tree branch fell on Lorin Toeppe while she and her boyfriend were walking through Mission Bay Park. She filed suit against the City of San Diego (City) alleging the existence of a dangerous condition on public property, namely a negligently maintained eucalyptus tree. The City prevailed on summary judgment, arguing that Toeppe was struck by the tree branch while standing on a trail; thus, the City could not be liable under Government Code 1 section 831.4 (trail immunity).

Toeppe appeals the ensuing final judgment following the City's successful motion for summary judgment. Toeppe's challenge…