Osgood v. County of Shasta

Opinion

PARAS, J.

This wrongful death action arises out of an accident in which the decedent was struck and killed by a motorboat while water-skiing on Shasta Lake on July 29, 1973.

Plaintiffs appeal from a judgment dismissing the complaint as to Shasta County, after a demurrer thereto was sustained without leave to amend.

1

Plaintiffs’ complaint, insofar as here pertinent, is summarized as follows:

At all times relevant, Shasta Lake was a public waterway within the County of Shasta, State of California. The defendants “actively encour

[588]

aged and solicited members of the public, by financial expenditure and advertising, to use said lake for all recreational purposes,” including waterskiing and boating; the defendants leased concessions and maintained facilities on the shoreline of the lake and otherwise regulated the use thereof by the public. Pursuant to the advertising of concessionaires and lessees of the defendants and with the actual financial assistance and encouragement of the defendants, Shasta Lake became known throughout the world as a recreational facility for use by members of the public for motorboating and waterskiing, as well as related activity. As a result of the program of the defendants, thousands of members of the public have used and continue to use Shasta Lake for aquatic recreational purposes. Defendants knew that the lake was being used by hundreds of water-skiers from all over the world and therefore was in an extremely dangerous and hazardous condition, “due to the physical configuration of the lake, hundreds of coves, inlets, arms and legs which would limit visibility of motor boat operators and water skiers throughout over 365 miles of shoreline of said lake” and “by reason of the use of said lake surface by large numbers of the public for motor boating and water skiing purposes.” The defendants had direct knowledge of many fatalities and accidents occurring to members of the public, “resulting from the large numbers of members of the public using the facilities and the configuration of the lake, . . .” The defendants “failed to warn members of the public of said condition, but continued to actively encourage members of the public to use said facility while knowing of the dangers and defective condition of said lake as alleged.” On or about said July 29, 1973, the deceased, Randall Oscar Osgood, while lawfully water-skiing on Shasta Lake, was struck and killed by a motorboat being lawfully operated upon said lake by Michael Vidauri and others. At said time and place defendants, by reason of the dangerous and defective condition, and their negligent control and failure to control, caused the said motorboat being operated by the Vidauris, to collide with said Randall Oscar Osgood, causing his death.