Parish v. Lloyd

Opinion

BROWN (Gerald), P. J.

Larry E. Parish, his wife and daughter, appeal the summary judgment terminating their wrongful death action against Donald W. Lloyd, owner of the land where Lawrence Ray Parish rode and wrecked his motorcycle and died.

Lloyd owns unimproved land in the county which is used by motorcyclists for riding. Its topography includes numerous hazardous ravines. Although Lloyd knew of these conditions, he did not post any warning signs. Lawrence, while riding his motorcycle, plunged 12 feet into a concealed ravine and died from the injuries; his father, Larry, was close by at the time of the accident and suffered emotional distress.

[787]

Summary judgment was granted under Civil Code section 846

1

which exempts a property owner from liability to motorcycle riders who are trespassers or nonpaying licensees.. Lariy claims the statute denies him equal protection under the United States and California Constitutions.

The standard for reviewing statutes which allegedly violate equal protection guarantees is: does the distinction drawn by the challenged statute have some rational relationship to a legitimate state purpose?

(Schwalbe

v.

Jones,

16 Cal.3d 514, 517-518 [128 Cal.Rptr. 321, 546 P.2d 1033].) Larry says the classifications set out in

section

.846 are arbitrary. There is no reason, he argues: to treat trespassers and nonpaying invitees differently than those paying consideration, to treat recreational users differently than nonrecreational users, to deny liability to certain enumerated recreational users and not to all. In support of his contention Larry cites

Brown

v.

Merlo,

8 Cal.3d 855 [106 Cal.Rptr. 388, 506 P.2d 212, 66 A.L.R.3d 505], which struck down the guest statute as unconstitutional because the differing treatment of guests and paying riders, automobile guests and other guests was arbitrary and violated equal protection. However, in