Recently, a state court issued a written opinion in a personal injury case involving a young man who was seriously injured while hiking in a city-owned park after hours. The case required the court to determine if the city was entitled to government immunity regarding the plaintiff’s claim that the city should have installed a retaining wall near the trail’s edge. Ultimately, the court concluded that the city was entitled to immunity because the plaintiff’s allegations involved the design of the trail, which was covered under the state’s official immunity.
The Facts of the Case
The plaintiff and several friends snuck into a city-owned park after dark to go “ghost hunting.” While the plaintiff was making his way down a steep embankment to the trail below, he lost his footing, fell, and rolled down the hill. When the plaintiff reached the trail, he was traveling with so much momentum that he slid across the trail and over the ledge. The plaintiff fell about 10 feet before landing on the ground and then slamming into a tree.