Wang v. Nibbelink (2016)
October 13, 2016
Horvitz & Levy LLP successfully defended a summary judgment in favor of its clients in this personal injury action. H&L represented a group of defendants who own meadow property that was used for overnight camping and a layover during the Wagon Train event, a multi-day historical reenactment organized by the Highway 50 Association. While the Wagon Train was overnighting at the Meadow defendants’ property, a horse from the event broke free from its restraints and ran into the parking lot of a nearby lodge, injuring plaintiff Yan Wang. Ms. Wang and her husband filed a negligence complaint against the property owners, who moved for summary judgment on the ground that plaintiffs’ claims against them were barred by the recreational use statute, Civil Code section 846. The trial court granted the motion.
The Third Appellate District affirmed in a published opinion, holding that section 846 provides immunity for “off-premises injuries to persons uninvolved in the recreational use caused by recreational users, even where plaintiff also alleges that the landowner’s negligence regarding its own property-based duties contributed to the injury.”