Bicyclist, who was injured when he tried to bypass speed bump in public park by going through what he believed was a gap between the speed bump and the curb and, as he did this, he encountered an asphalt berm, also known as a water diverter, that caused him to lose control of bike, filed a complaint for personal injuries and damages against city. The Superior Court granted the city’s motion for summary judgment, and bicyclist appealed.
The Court of Appeals held that bicyclist could not establish that city had actual knowledge that the water diverter was dangerous, and absent showing of actual knowledge, bicyclist did not establish city’s liability under recreational use statute for his injuries.