New CA Tort Case


To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month.


There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal affirmed the trial court's order granting defendant's motion for summary judgment on the basis that plaintiff's personal injury action was barred by the recreational use immunity in Civil Code section 846(a). Plaintiff, who was training for a half-marathon, was jogging on property...

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