In DeVito v. State of California (1988) 202 Cal.App.3d 264, a hiker swung from a firehose hung over a tree limb in a mountain canyon on public land, lost her grip, and fell down a steep slope, sustaining injuries. The appellate court affirmed dismissal of her complaint against the state on demurrer, primarily focusing on a statute, Government Code section 831.7, which provides "a public entity is not liable to 'any person who participates in a hazardous recreational activity ... for any ... injury ... arising out of that ... activity.'" (DeVito, at pp. 267, 270.) The court noted that under the statute, "'tree rope swinging'" is listed as one such hazardous recreational activity, and the primary issue on appeal was one of interpreting this statute. (Ibid.) The court, in a single, short paragraph, only briefly discussed the plaintiff's secondary argument that the state engaged in gross negligence, concluding in summary fashion that no facts alleged in the complaint supported the allegation of gross negligence. (Id. at p. 272.)