Legal Opinion
Tessier v. City of Newport Beach
California Court of Appeal
Decided March 29, 1990No. G007527PublishedCited by 17 opinions
1Opinion of the Court
Opinion
TAYLOR , J. *
Edward Tessier and his guardian appeal an order granting summary judgment in favor of the City of Newport Beach (City). We agree with the trial court’s ruling that the City is immune from liability for the injuries Tessier suffered when he dove into the surf on the City’s public beach.
I
On August 15, 1984, Tessier, then age 16, became a paraplegic after breaking his neck when he walked into the ocean, dove into a wave, and struck his head on a concealed sandbar. The City rejected his claim for damages and he filed suit based on premises liability, negligence, and strict…
2Cases cited9 opinions
- Leal v. Holy Spirit Ass'n for Unification of World ChristianityCalifornia Supreme Court · 1988
- Fuller v. State of CaliforniaCalifornia Court of Appeal · 1975
- Osgood v. County of ShastaCalifornia Court of Appeal · 1975
- Gonzales v. City of San DiegoCalifornia Court of Appeal · 1982
- Buchanan v. City of Newport BeachCalifornia Court of Appeal · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Avila v. Citrus Community College DistrictCalifornia Supreme Court · 2006
- Fluehr v. City of Cape MaySupreme Court of New Jersey · 1999
- Knight v. City of CapitolaCalifornia Court of Appeal · 1992
- Nos. 95-5067, 95-5078Court of Appeals for the Third Circuit · 1995
- Lupash v. City of Seal BeachCalifornia Court of Appeal · 1999
12 more not listed; retrieve them via the Exa API.