California Court of Appeal

The doctrine of primary assumption of risk would only bar recovery in a personal injury action if plaintiff were engaging in an activity involving an element of danger, requiring physical exertion and skill, and including a competitive challenge. A triable issue exists regarding whether plaintiff was riding her scooter in such a manner.

Appellate Information

• Decided 01/22/2004
• Published 01/22/2004

Judges

•  PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Offices of Jeffrey S. Young and Jeffrey S. Young for Plaintiff and Appellant.


• For Appellees:
  
• Stephen Shane Stark, County Counsel, Michael M. Youngdahl, Lisa Rothstein, Deputy County Counsel, for Defendant and Respondent.