California Court of Appeal

In case where plaintiff sustained injury as a result of a fall from a horse during a guided trail ride, summary judgment for defendant is reversed where: 1) a release signed by plaintiff did not clearly and unambiguously inform an ordinary person untrained in the law that its purpose and effect is to exempt defendant from liability for its own negligence; and 2) summary judgment is not supported by the doctrine of primary assumption of risk.

Appellate Information

• Decided 02/14/2008
• Published 02/14/2008

Judges

• KLINE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Frank J. Christy, Jr., Law Offices of Frank J. Christy, Petaluma, for Appellant.


• For Appellees:
  
• Edward C. Schroeder, Jr., Selman Breitman LLP, San Francisco, for Respondent.