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APPENDIX D. CASE/ISSUE INDEX
BIKEWAY AND OTHER RELEVANT BICYCLE-ACCIDENT CLAIMS
AGAINST PUBLIC ENTITIES
CASE ISSUE/CLAIM HOLDING RESULT/ACTION
I. Duty to Bicyclist
Dennis v. City of No duty to enforce Public entity not liable; Summary judgment for
Tampa, 581 So. 2d 1345 speed limit on a bikeway no duty to enforce a the city affirmed
(Fla. 2d DCA 1991) speed limit
Lompoc Unified No duty to maintain a Public entity not liable; Superior Court order
School Dist. v. Superior hedge to shield a distrac- no duty to maintain the denying summary judg-
Court, 20 Cal. App. 4th
1688, 1691, 26 Cal. Rptr. tion from motorists who existing hedge ment for the school dis-
2d 122 (Cal. App. 2d might strike bicyclists trict vacated
Dist. 1993)
II. Notice to Public Entity
Langton v. Town of Bicycle wheel fell into Public entity not liable; Superior Court's judg-
Westport, 38 Conn. App. a grate on a public street no prior notice of a defect ment for the town af-
14, 658 A.2d 602 (Conn. firmed
App. 1995)
III. Proximate Cause
Puhalski v. Brevard Negligent maintenance Public entity not liable; Case dismissed
County, 428 So. 2d 375 allegedly forced bicyclists alleged negligence held
(Fla. 5th DCA 1983) from bike path onto the not to be the proximate
edge of the highway cause of the accident
where they were injured
IV. Design Immunity
Johnson v. Alaska, 636 Bicycle wheel caught Public entity did not Judgment for the state
P.2d 47 (Alaska 1981) in a railroad track have immunity; deci- reversed; case remanded
sions regarding the rail- for new trial
road intersection were
not policy-level decisions
Juge v. County of Sac- Alleged negligence in Public entity not liable; Summary judgment for
ramento, 12 Cal. App. the design of a bike trail county established that the county dismissing
4th 59, 15 Cal. Rptr. 2d it had design immunity the case affirmed
598 (Cal. App. 3d Dist. established under the
1993) California Design Im-
munity Statute, Cal.
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Gov't Code 830.6
Schmitz v. City of Du- Bicycle wheel caught Immunity denied; city Order dismissing the
buque, 682 N.W.2d 70 on the asphalt overlay on failed to establish it ex- action reversed; case re-
(Iowa 2004) a bicycle trail ercised its discretion manded
V. Discretionary Function Exemption and Immunity for Decisions on Guardrails, Traffic
Control Devices, and Signs
Alexander v. Eldred, 63 Alleged failure to re- City had no immunity; Appellate court's af-
N.Y.2d 460, 472 N.E.2d view traffic counts and city's action held to be firmance of trial court's
996, 483 N.Y.S.2d 168 install a stop sign at an inherently unreasonable denial of the City of
(1984) intersection Ithaca's motion for
judgment dismissing the
complaint and to set
aside the jury verdict
affimed
Angell v. Hennepin Alleged failure to re- No immunity for the Denial of the author-
County Regional Rail strict access to a dirt public entity; no evi- ity's motion for summary
Authority, 578 N.W.2d path from a paved public dence presented by de- judgment affirmed; case
343 (Minn. 1998) trail fendant that it evaluated remanded for trial
policy factors
Augustine v. City of Bicyclist struck by a Public entity not liable; Order granting city's
West Memphis, 281 Ark. limb while city employ- municipalities have motion to dismiss af-
162, 662 S.W.2d 813 ees were trimming trees; statutory immunity in firmed
(1984) claim based in part on Arkansas
the absence of warning
signs
Bookman v. Bolt, 881 Alleged failure to in- Public entity not liable; Summary judgment for
S.W.2d 771 (Tex. Ct. Civ. stall planned traffic public entity exercised the city affirmed
App. 1994) signs where a bicycle its discretion and was
path crossed a street immune
Bjorkquist v. City of Bicyclist alleged negli- Public entity not liable; Summary judgment for
Robbinsdale, 352 N.W.2d gence in the timing of immunity for the exer- defendants affirmed
817 (Minn. Ct. App. the clearance interval in cise of discretion
1984) a traffic light at an inter-
section where accident
occurred
Dahl v. State of New Alleged that there Public entity not liable; Judgments for the
York, 45 A.D. 3d 803, 846 should have been a no proof of the state's state after a nonjury
N.Y.S.2d 329 (N.Y. App. guardrail between the violation of safety stan- trial affirmed
Div. 2d Dept. 2007) roadway and the bicycle dards or of prior similar
path accidents
Hanson v. Vigo County Alleged failure to place No proof that the Trial court's summary
Bd. of Comm'rs, 659 or replace warning signs county exercised its dis- judgment for defendants
N.E.2d 1123 (Ind. App. after plan approval to do cretion in approving the reversed and remanded
4th Dist. 1996) so plan
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VI. Maintenance
Dinelli v. County of Alleged negligence in Public entity not liable; Summary judgment for
Lake, 294 Ill. App. 3d the design and mainte- county had recreational the county affirmed
876, 691 N.E.2d 394 (Ill. nance of a midblock bicy- use immunity
App. 2d Dist. 1998) cle trail crosswalk
Garcia v. City of Chi- Alleged faulty mainte- Public entity not liable; Trial court judgment in
cago, 240 Ill. App. 3d nance of a sidewalk bicyclist was not an in- favor of bicyclist re-
199, 608 N.E.2d 239 (Ill. tended or permitted user versed
App. 1st Dist. 1992)
Stahl v. Metropolitan Alleged negligent Jury question pre- Summary judgment for
Dade County, 438 So. 2d maintenance forcing sented regarding the the county reversed; case
14 (Fla. 3d DCA 1983) young bicyclist from path public entity's liability remanded
onto the highway where
he was injured
Lipper v. City of Chi- Use of a alleged defec- Public entity not liable; Summary judgment for
cago, 233 Ill. App. 3d tive sidewalk to reach a bicyclist not an intended the city affirmed
834, 600 N.E.2d 18 (Ill. bicycle path by an adult or permitted user
App. 1st Dist. 1992) bicyclist
Payne v. City of Belle- Bicycle struck a hole at Factual question Summary judgment for
vue, 1997 Wash. App. the edge of a public trail whether under the rec- the city dismissing the
LEXIS 1401 (Wash. Ct. reational use statute ap- action reversed
App. 1997) (Unrept.) plied if the city knew of a
dangerous condition and
failed to warn
Vestal v. County of Potholes in the surface Public entity could be Denial of county's mo-
Suffolk, 7 A.D. 3d 613, and no signs or other liable for surface condi- tion for summary judg-
776 N.Y.S.2d 491 (N.Y. warnings tion and/or lack of sign- ment affirmed
App. 2d Dept. 2004) age
VII. Liability for Adjacent Areas
Camillo v. Department Accident on a sidewalk Department of Trans- Summary judgment for
of Transportation, 546 when bicyclist struck by portation responsible for DOT reversed (liability
So. 2d 4 (Fla. 3d DCA eyebolts that extended obstructions caused by was a jury question);
1988) from a seawall into the third parties summary judgment for
path of travel county affirmed
Predney v. Village of Bicycle accident caused Village could be held Summary judgment for
Park Forest, 164 Ill. App. by bushes obstructing liable when it exercised village reversed
3d 688, 518 N.E.2d 1243 view of intersection control and maintained
(1987) the accident area; village
had a duty to correct the
condition of streets, as
well as adjacent areas
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VIII. Recreational Use Statutes and Immunity
Ali v. City of Boston, Collision with a gate Public entity not liable; Trial court's summary
441 Mass. 233, 804 while bicycling on a path city had recreational use judgment for the city
N.E.2d 927 (2004) in a city park immunity regardless of affirmed
the bicyclist's purpose in
being on the path
Armenio v. County of Fall caused by im- Public entity not liable; Summary judgment for
San Mateo, 28 Cal. App. proper patching of a sur- county had recreational the county affirmed
4th 413, 33 Cal. Rptr. 2d faced bicycle trail use immunity regardless
631 (Cal. App. 1st Dist. of the type of surface of
1994) the trail
Carroll v. County of Skater on a bicycle Public entity not liable; Summary judgment for
Los Angeles, 60 Cal. App. path fell because of a public entity had recrea- county affirmed
4th 606, 70 Cal. Rptr. 2d
504 (Cal. App. 2d Dist. crack in the pavement tional use immunity
1998)
Farnham v. City of Los Accident on a Class I Public entity not liable; Judgment on the
Angeles, 68 Cal. App. 4th bikeway as classified city's recreational use pleadings for the city
1097, 80 Cal. Rptr. 2d under a California stat- immunity did not depend affirmed
720 (Cal. App. 2d Dist. ute on the trail being pri-
1998) marily for recreational
use
Goodwin v. Carbondale Tree fell across a bicy- Issue whether under Trial court's dismissal
Park District, 268 Ill. cle path the recreational use of rider's claim for ordi-
App. 3d 489, 644 N.E.2d statute the defendant's nary negligence af-
512 (Ill. App. 5th Dist. conduct amounted to firmed; trial court's order
1994) willful or wanton negli- dismissing rider's claims
gence for district's alleged wan-
ton and willful negli-
gence in maintaining the
path reversed
Graney v. Metropolitan Obstacles left by the No immunity for the Defendant's motion for
District Commission, defendant's employees public entity; question- summary judgment de-
2001 Mass. Super. on the path able whether recrea- nied
LEXIS 352 (Mass. Super. tional use statute ap-
Ct. 2001) (Unrept.) plied, and even if it did,
defendant's action con-
stituted willful, wanton,
or reckless conduct
Hovland v. City of Injury to an inline Public entity not im- Summary judgment for
Grand Forks, 1997 N.D. skater caused by a crack mune; recreational use the city reversed
95, 563 N.W.2d 384 in a city bike path immunity in North Da-
(1997) kota not applicable to a
municipality
Kern v. City of Sioux Uneven section of bike Public entity not liable; Summary judgment for
Falls, 1997 S.D. 19, 560 trail causing skaters to city had recreational use the city affirmed
N.W.2d 236 (1997) fall immunity
Parents v. State, 991 Steep portion of a bicy- Although the state had Reversal of the dis-
S.W.2d 240 (Tenn. 1999) cle trail in a park that a recreational use de- missal of the plaintiff
culminated in a sharp fense, plaintiff was enti- minor's claim affirmed
turn tled to have facts of the
case developed before
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determining whether
any of the exceptions to
immunity under the rec-
reational use statute ap-
plied
Prokop v. City of Los Collision with chain Public entity not liable; Summary judgment for
Angeles, 150 Cal. App. link fence while exiting a city had recreational use the city affirmed
4th 1332, 59 Cal. Rptr. bikeway immunity regardless of
3d 355 (Cal. App. 2d whether faulty design or
Dist. 2007) maintenance was
claimed
Scott v. Rockford Park Bicycle struck a crack Public entity not liable; Summary judgment for
District, 263 Ill. App. 3d on a paved bike path park district had recrea- the city affirmed
853, 636 N.E.2d 1075 tional use immunity
(Ill. App. 2d Dist. 1994)
Stephen F. Austin Plaintiff knocked off Public entity not liable; Reversal of the deci-
State University v. her bicycle while riding public entity had recrea- sion of intermediate ap-
Flynn, 228 S.W.3d 653 on a bicycle trail by the tional use immunity pellate court; judgment
(Tex. 2007) university's lawn sprin- rendered dismissing the
kler case
Walker v. City of Fall on designated bike Public entity did not Trial court's dismissal
Scottsdale, 163 Ariz. 206, path have immunity; recrea- of bicyclist's action re-
786 P.2d 1057 (Ariz. Ct. tional use statute not versed and remanded
App. 1989) applicable because of
limited applicability of
the statute
