Facts

On April 29, 2006, plaintiff Adam Yagle rode his all-terrain vehicle (ATV) into an abandoned mine shaft in Riverside County's Steele Park, falling 60 feet. The land was administered by the U.S. Bureau of Land Management. Plaintiff sued the United States of America for premises liability and negligence. The plaintiff's common-law wife, Quiana Godinez, claimed loss of consortium.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he had no fault in the accident. The U.S. failed to provide the duty of care and reasonable notice of the foreseeable hazardous condition posed by the abandoned shaft. The U.S. had actual or constructive notice of the existence of the condition and still failed to warn the public.

DEFENDANT'S CONTENTIONS:
The U.S. claimed that it was not liable because the plaintiff assumed the risk of injury in off-road ATV riding and the California Recreational Statute (California Civil Code Section 846) insulated the U.S. from liability for alleged negligence. California does not recognize common-law marriage for this type of case, so Godinez's claim is barred.

Settlement Discussions

The plaintiff demanded $2,020,000.

Injuries

Yagle claimed injuries in both legs and both knees, and his cervical, thoracic, and lumbar spine. Yagle also claimed pain and suffering and loss of enjoyment of life. Godinez claimed a loss of consortium.

Result

The court found for the defense in a summary judgment order.