California Court of Appeal

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Eriksson v. Nunnink, E049392

In plaintiff-parents' suit for wrongful death and infliction of emotion distress against defendant, their deceased daughter's horse riding coach, claiming that defendant increased the risk of harm reasonably assumed by their daughter when defendant allowed their daughter to ride a horse that was unfit to ride because of prior falls and lack of practice and concealed this condition from the plaintiffs, trial court's grant of defendant's motion for summary judgment is reversed where: 1) as to primary assumption of risk, defendant failed to set forth facts in her separate statement of undisputed facts negating the plaintiffs' allegation that defendant increased the risk of injury to their daughter by allowing her to ride a horse that was unfit to ride because of prior falls and lack of practice; 2) defendant failed to meet her burden of production as it relates to the element of breach of duty; 3) with respect to express contractual assumption of risk, defendant failed to meet her burden of proof of production that she was not grossly negligent; 4) even if defendant met her initial burden, triable issues of fact exist as to duty, breach of duty, and gross negligence; and 5) with respect to causation, if defendant's undisputed statement of facts addressed the issue, the plaintiffs have demonstrated a triable issue of fact.

Appellate Information

  • Decided 01/10/2011
  • Published 01/10/2011

Judges

  • King

Court

  • California Court of Appeal

Counsel

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