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Laguna Beach : Court Rejects Lawsuit in 1984 Diving Accident

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The 4th District Court of Appeal has rejected a $6-million lawsuit filed by the parents of an Arizona boy who was paralyzed for life after a 1984 diving accident in Laguna Beach, city officials said.

Byron Rombalski, who is now 18, was severely injured when he dove headfirst off a rock into shallow water at Pearl Street beach, City Manager Kenneth C. Frank said.

After the accident, his parents filed the lawsuit, claiming that Laguna Beach was negligent in not preventing the boy from diving off the rock, Frank said.

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Orange County Superior Court Judge William F. McDonald in October, 1987, rejected the claim, ruling that the city could not be held liable because the rock from which the boy dove was part of the natural landscape.

The parents appealed that decision, but the three-member panel of judges in Santa Ana upheld the lower court ruling last week.

While he said he felt concern for the Rombalski family, Frank applauded the judges’ decision, saying the ruling is important for beach communities that do not have the manpower to patrol all potentially hazardous areas.

“It’s a fairly significant decision for all beach communities and state parks,” Frank said. “How can someone possibly police all areas that are natural?”

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