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KLEIN v. UNITED STATES OF AMERICA

No. S165549.

50 Cal.4th 68 (2010)

112 Cal. Rptr. 3d 722

235 P.3d 42

ALAN RICHARD KLEIN et al., Plaintiffs and Appellants, v. UNITED STATES OF AMERICA et al., Defendants and Respondents.

Supreme Court of California.

July 26, 2010.

Attorney(s) appearing for the Case

Santiago Rodnunsky & Jones, David G. Jones and Tamara S. Fong for Plaintiffs and Appellants.

Thomas P. O'Brien, United States Attorney, Leon W. Weidman, Julie Zatz, Jonathan B. Klinck and Anoiel Khorshid, Assistant United States Attorneys, for Defendants and Respondents.

Sedgwick, Detert, Moran & Arnold and Frederick D. Baker for Pacific Gas & Electric Company, Southern California Edison Company, Southern California Gas Company and San Diego Gas & Electric Company as Amici Curiae on behalf of Defendants and Respondents.

Randolph Cregger & Chalfant and Joseph P. Mascovich for Union Pacific Railroad Company as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

KENNARD, J.—

Plaintiff Alan Richard Klein was riding a bicycle for recreation on a two-lane paved road in Angeles National Forest in Southern California when he was struck head-on by an automobile driven by a part-time volunteer working for the United States Fish and Wildlife Service. Having been seriously injured in the collision, plaintiff sued the United States government (the owner of the national forest land) and its volunteer...

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