California Court of Appeal

In case involving injuries arising from a melee for a skateboard deck that was thrown into a horde of spectators watching a skateboard exhibition, summary judgment for defendants is affirmed over claims that: 1) the court erred in dismissing one defendant; 2) a triable issue of fact existed as to another defendant's duty to plaintiff; 3) the skateboarder who threw the skateboard acted as an agent of defendant store; 4) the court's finding of independent contractor status does not preclude liability; and 5) assumption of risk does not apply to a skateboard toss.

Appellate Information

• Decided 01/10/2008
• Published 01/10/2008

Judges

• RAYE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Daniel Lawrence McGarry, in pro. per., and Linda Foster, for Plaintiff and Appellant.


• For Appellees:
  
• Pagliero & Associates and Candace M. Pagliero, Carmichael, for Defendants and Respondents.