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1558 In an action by a plaintiff who was injured while recreationally climbing an electrical tower, if the owner of the tower moves for summary judgment on the ground of statutory immunity against liability to persons entering realty for recreational purposes, defendant has the initial burden of showing lack of malice; this burden may be satisfied by evidence of efforts made to prevent the injury, whereupon the burden shifts to the plaintiff to raise a triable issue of malice, which burden cannot be satisfied by evidence of mere neglect.CitationBACON v SO CAL EDISON (Electrical Tower) 53 CA4 854 [See: CivC 846; Lopez v Superior Court 45 CA4 705, T/AT 6/96; Ornelas v Randolph 4 C4 1095, T/AT 5/93]
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