C.A. 1st;
A146077

The First Appellate District denied a petition for writ of mandate. The court held that there were triable issues of fact as to whether a county park was “unimproved” for purposes of “natural condition” immunity.

A tree in a San Mateo County wilderness park fell on a park campsite, seriously injuring 12-year old Zachary Rowe, who was visiting the park with his family. A certified arborist who inspected the tree following the accident concluded that it collapsed due to decay caused by a naturally occurring fungus. Rowe sued the county for his injuries, alleging premises liability and dangerous condition of public property.