California Court of Appeal

In action for damages after plaintiff suffered a broken arm on a bumper car ride at defendant's amusement park, summary judgment in favor of defendant on the basis of primary assumption of risk is reversed where: 1) the doctrine is inapplicable to regulated amusement parks because it does not apply to cases where the illusion of risk (as opposed to actual risk) is marketed; and 2) issues of fact predominate.

Appellate Information

• Decided 06/10/2011
• Published 06/10/2011

Judges

• RUSHING

Court

• California Court of Appeal

Counsel