Legal Opinion

ASTENIUS v. State

California Court of Appeal

Decided February 2, 2005No. B173131PublishedCited by 7 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

Plaintiffs are children of a woman who died in an accident on a trail within a recreational area owned and operated by the State of California. We conclude the state is immune from liability under Government Code section 831.4. We affirm the judgment entered following the trial court’s sustaining of the state’s demurrer.

FACTS

Tammy Geary died from injuries received while driving an off-highway vehicle (OHV) in the Hungry Valley State Vehicular Recreation Area (Hungry Valley). Hungry Valley is owned and operated by the California Department of Parks and Recreation.…

2Cases cited7 opinions

  1. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
  2. Estate of GriswoldCalifornia Supreme Court · 2001
  3. Cochran v. Herzog Engraving Co.California Court of Appeal · 1984
  4. Holland v. ThacherCalifornia Court of Appeal · 1988
  5. Bartlett v. State of CaliforniaCalifornia Court of Appeal · 1988

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3Cited by7 opinions

  1. AMBERGER-WARREN v. City of PiedmontCalifornia Court of Appeal · 2006
  2. Montenegro v. City of BradburyCalifornia Court of Appeal · 2013
  3. Prokop v. City of Los AngelesCalifornia Court of Appeal · 2007
  4. Nealy v. County of OrangeCalifornia Court of Appeal · 2020
  5. Nealy v. County of Orange CA4/3California Court of Appeal · 2020

2 more not listed; retrieve them via the Exa API.

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