County of San Mateo v. Superior Court
A146077
Cal. Ct. App.Jul 25, 2017Background
- On July 25, 2012, a 72-foot tanoak infected with Armillaria fell onto Zachary Rowe’s tent at Campsite D-1 in San Mateo County Memorial Park, causing catastrophic injuries.
- The park is ~499 wooded acres with a developed campground area containing paved roads, restrooms with plumbing and electricity, showers, parking areas, picnic tables, fire pits, bear boxes, bumper logs, and a store.
- The fallen tree stood roughly 20 feet from Rowe’s tent; a survey identified numerous man-made improvements within the tree’s striking distance (roads, picnic tables, fire pits, power line, bumper logs, etc.).
- Plaintiff alleged the County negligently failed to inspect/maintain/remove the diseased tree and that campground construction and ongoing use (grading, soil compaction, clearing, nearby road/parking) contributed to the tree’s Armillaria infection and failure.
- County moved for summary judgment invoking Government Code § 831.2 (natural condition immunity), arguing the tree and its location were a natural condition on unimproved public property; trial court denied the motion, finding triable issues of fact.
- The Court of Appeal denied the County’s writ petition, holding triable issues exist as to whether the campsite/tree location was an "improved" area and whether human activity contributed causally to the tree’s dangerousness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 831.2 immunity applies when a natural condition (tree) injures someone in an improved area | Rowe: the tree was within or affected by improvements (campsite/roads); human activity contributed to tree’s failure, so property is not unimproved | County: the tree was a natural condition on unimproved land; nearby amenities don’t defeat immunity | Triable issues exist whether the tree/campsite were within an improved area; summary judgment denied |
| Proper geographic focus for "unimproved" inquiry (location of condition vs. location of injury) | Rowe: focus can include location/roots of tree and nearby alterations that affect it | County: character of the injury site is irrelevant if the natural condition itself is on unimproved land (relying on Meddock/Alana M.) | Court found factual dispute whether tree/root system was within the improved campsite area, so resolution requires trial |
| Whether modest campground amenities automatically count as "improvements" defeating § 831.2 | Rowe: clearing, picnic tables, fire pit, bumper logs, paved road and soil alterations are physical changes sufficient to render area improved | County: campsite accoutrements are "trivial" and statutory purpose would be frustrated if every campsite were treated as improved | Court: amenities and physical alterations here raise triable issues of fact — not resolved as a matter of law |
| Whether human alterations that contributed to increased danger are necessary to defeat immunity | Rowe: expert evidence shows construction/compaction/clearing caused root damage and increased Armillaria risk; causal link defeats immunity | County: immunity applies regardless of human contribution to natural condition’s danger (or at least insufficient proof here) | Court assumed (without deciding broadly) that causal contribution is relevant and found plaintiff’s expert evidence creates triable issues of causation |
Key Cases Cited
- Milligan v. City of Laguna Beach, 34 Cal.3d 829 (statutory purpose of § 831.2 to encourage public use of unimproved land; immunity scope)
- Rendak v. State of California, 18 Cal.App.3d 286 (improvements in one portion of property do not necessarily destroy immunity for unimproved areas)
- Alana M. v. State of California, 245 Cal.App.4th 1482 (held causal nexus between human conduct/improvement and dangerousness is relevant; analyzed location-of-condition vs. location-of-injury)
- Meddock v. County of Yolo, 220 Cal.App.4th 170 (held immunity applied where tree on unimproved land caused injury on improved parking area; focused on location of natural condition)
- Buchanan v. City of Newport Beach, 50 Cal.App.3d 221 (human alterations that physically changed the accident site can defeat immunity)