California Court of Appeal

In an action for personal injuries suffered when plaintiff-minor tripped over a net line and fractured his elbow while participating in a recreational volleyball game in defendant's front yard, summary judgment for defendant is reversed where: 1) the trial court erred in concluding that, as a matter of law, defendant's arguably negligent use and placement of "nearly invisible" net pole lines did not increase the risks inherent in playing volleyball; and 2) defendant's summary judgment motion did not argue defendant had exercised due care or that plaintiff's injury was not proximately caused by defendant's alleged breach of duty.

Appellate Information

• Decided 12/15/2008
• Published 12/15/2008

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Blumberg Law Corporation, Ave Buchwald and John P. Blumberg, Long Beach, for Plaintiffs and Appellants.


• For Appellees:
  
• Pollak, Vida & Fisher, Michael M. Pollak and Daniel P. Barer, Los Angeles;  Law Offices of Roger A. Koll and Russell P. McQuown, Torrence, for Defendant and Respondent.