On July 4, 2004, claimant Alex Ghenis, 16, fell from his BMX bicycle while attempting to traverse a dirt jump in an unimproved portion of Calabazas Park, in San Jose, used by BMX bicycling enthusiasts. Alex landed on his head, resulting in a severe spinal cord injury that rendered him quadriplegic. Approximately five years before the incident, the city of San Jose had leveled the jumps. Following a public controversy about the leveling, the city allowed members of the public to rebuild the park and provided them with the necessary tools to maintain the dirt jumps. However, while Alex was using the park over the July 4th holiday, he clipped the front tire on a landing ramp of a large double jump, causing him to go over the bars, land on his head and break three vertebrae in his neck, paralyzing him from the chest down. Following the accident, Alex’s father, Paul Ghenis, filed a claim against the city of San Jose. Alex alleged that the jump he attempted to traverse constituted a dangerous condition of public property and that the city was negligent for allowing the park’s obviously dangerous condition to persist. The city asserted several defenses, including the statutory immunity from damages arising from participation in hazardous recreational activities. It also asserted that Alex’s father was the one who built the make-shift ramp that his son fell off., Alex fractured three cervical vertebrae, rendering paralyzed from the chest down. He subsequently underwent an initial lengthy hospitalization consistent with the nature of his . He also underwent physical therapy and receives ongoing treatment, including several surgeries and a number of subsequent hospitalizations for injury-related health concerns. While Alex is still quadriplegic, he has since regained some meaningful movement in one arm and hand. He also regained some feeling in his neck and head, and can move his shoulders and extend his arm, but he can’t move his fingers well. Alex claimed that for the duration of his life, he is likely to require additional medical treatment, various therapies, daily attendant care, specialized wheelchairs and vehicles, and other equipment to facilitate his daily activities. Alex has gone on to receive both a Bachelor’s Degree and Master’s Degree from UC-Berkeley. However, he claimed he is likely to suffer a loss of earnings or diminished earning capacity as a result of his injury. Thus, Alex sought recovery of $8 million in damages for his hospital costs, physical therapy, loss of future earnings, emotional distress, and past and future pain and suffering. Alex has become an advocate for those with disabilities.