Licensee Occupiers of Land Protected by Recreational Use Immunity Statute in ATV Injury Action.

The defendants were several related entities that grew avocadoes and pomegranates on tracts of property they occupied as lessees, even though the tract at issue was inadvertently left off their lease with the owners. As part of their operation, one of defendant’s agents installed pipe gates and cable gates on the tract to deter trespassing, theft, and vandalism. The cables were difficult to see, so the agent had them marked with flagging tape to improve their visibility. On the opening day of dove season, the plaintiff and two coworkers were riding an ATV through the area.  The plaintiff collided with an unmarked cable, severing his left fingers, rupturing his left femoral artery, and breaking his left femur.  The plaintiff filed an action against the defendants, seeking damages for negligence, premises liability, and negligent infliction of emotional distress. His wife sought loss of consortium damages. The trial court entered judgment in favor of the defendants, based on the recreational use immunity statute, Cal. Civ. Code §846. On appeal, the court affirmed, ruling that the defendants were licensees entitled to the protection of the recreational use statute. The court found that they were occupiers of the land pursuant to a profit a prende. The court also found that the trial court had fairly and clearly explained the standard for the willful misconduct exception to the jury. Monroe v. Yurosek Farms LLC, No. F066028, 2014 Cal. App. Unpub. LEXIS 1653 (Cal. App. 5th Dist. Mar. 7, 2014).