The opinion of the court was delivered by: Honorable Manuel L. Real
STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW
The Motion for Summary Judgment of Defendant the United States of America came on regularly for hearing on August 24, 2009, before the Honorable Manuel L. Real, United States District Judge, in Courtroom 8 of the Federal Courthouse, 312 N. Spring Street, Los Angeles, California 90012. The Court having considered the pleadings, evidence presented, memorandum of points and authorities, and the oral argument at the time of the hearing, the Court makes the following findings of fact and conclusions of law:
STATEMENT OF UNCONTROVERTED FACTS
1. On Saturday, April 29, 2006, Mr. Yagle was riding his all-terrain-vehicle in the Steele Peak limited use area.
2. The United States, through the United States Bureau of Land Management, administers the Steele Peak limited use area, which is located in Riverside County, west of Perris, California.
3. The Steele Peak limited use area is utilized by the public for various recreational activities including all-terrain vehicle riding.
4. The United States does not exact a charge for members of the public to use for recreational purposes the Steele Peak limited use area.
5. Plaintiff Adam Yagle entered the Steele Peak limited use area, for the purpose of recreational all-terrain-vehicle riding.
6. Plaintiff Yagle was engaged in a recreational activity that contained a potential risk of injury.
7. While riding his all-terrain-vehicle uphill, Plaintiff Yagle fell into the vertical shaft of an abandoned mineshaft located in the Steele Peak limited use area.
8. The vertical mineshaft was not located on or visible from any designated route.
9. To reach the vertical shaft, Plaintiff Yagle needed to travel off-road, uphill, and off designated routes with his all-terrain vehicle in an area that consisted of natural and hilly terrain, inherently uneven areas, and vegetation.
10. Signs were posted in the area advising recreational riders to stay on designated routes and specifically, not to climb hills.
11. At the time of the accident there had been no other reported cases of accidents at the mineshaft at issue ...