California Court of Appeal

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Kindrich v. The Long Beach Yacht Club, G038290

In a personal injury action for injuries sustained while disembarking from a boat, summary judgment in favor of defendant-yacht club is reversed where: 1) plaintiff-victim was not engaged in the type of sporting event where the doctrine of primary assumption of risk should have been applied; 2) at most, plaintiff may have assumed risks, categorized as secondary assumption of risk, which are subsumed in contributory negligence; and 3) whether plaintiff was contributorily negligent and, if so, how his negligence compares with that of the defendants, if any, are questions of fact to be resolved for the trier of fact.

Appellate Information

  • Decided 10/28/2008
  • Published 10/28/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Brunick, McElhaney & Beckett and Steven K. Beckett, San Bernardino, for Plaintiffs and Appellants.

  • For Appellees:
  • Cogswell Nakazawa & Chang, Christina L. Owen and Dena S. Aghabeg, Long Beach, for Defendants and Respondents.
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