Supreme Court of California

In an premises liability action involving an injury from a power line owned by defendant on plaintiff's property, Court of Appeal's decision is reversed where: 1) defendant's immunity from liability to injured party Jackson under Civil Code sec. 846 bars plaintiff from recovering on an implied contractual indemnity theory; and 2) plaintiff and defendant may defend against the injured party's suit by claiming the recreational use immunity provided in sec. 846.

Appellate Information

• Decided 03/19/2009
• Published 03/19/2009

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Luce, Forward, Hamilton & Scripps, Charles A. Bird, Peter H. Klee, San Diego;  Rankin, Landsness, Lahde, Serverian & Stock, Jon A. Heaberlin, San Jose, and Bernard P. Lahde for Cross-complainant and Appellant.


• For Appellees:
  
• Sedgwick, Detert, Moran & Arnold, Frederick D. Baker, San Francisco, and Steven P. Burke for Cross-defendant and Respondent., Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Cross-defendant and Respondent.