Supreme Court of California

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Nalwa v. Cedar Fair L.P., S195031

In action for injuries incurred while on defendant's bumper car ride, the court of appeal's judgment is reversed where: 1) the primary assumption of risk doctrine is not limited to activities classified as sports, but applies as well to other recreational activities involving an inherent risk of injury to voluntary participants where the risk cannot be eliminated without altering the fundamental nature of the activity, and thus does apply to bumper car rides; 2) plaintiff's negligence cause of action fails because the risk of injuries from bumping was inherent in the Rue le Dodge ride, and defendant had no duty of ordinary care to prevent injuries from such an inherent risk of the activity; 3) plaintiff's willful misconduct cause of action fails because defendant's limited duty of care under the primary assumption of risk doctrine did not extend to preventing head-on collisions between the cars; and 4) defendant did not act as a common carrier for reward in operating the bumper car ride.

Appellate Information

  • Decided 12/31/2012
  • Published 12/31/2012

Judges

  • WERDEGAR

Court

  • Supreme Court of California

Counsel


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