McDonald v. Southern Cal. Edison Co.
On July 14, 2011, the trial court granted defendant Southern California Edison Company’s motion for summary judgment. The trial court found that defendant “met its prima facie burden of showing that it was immune from liability to Plaintiff because it showed that Plaintiff was injured during recreational activities on property in which [defendant] owned an easement.â€
Judgment was entered on July 22, 2011. Plaintiff Irby McDonald appeals, contending that the recreational use immunity statute (Civil Code section 846)[1] is inapplicable and, if it is applicable, an exception for willful or malicious activity applies.
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