California Court of Appeal

Affirming summary judgment for the defense in the case of a non-English speaking German national who suffered a broken leg when a hot air balloon in wine country crashed, though changing the grounds for the grant because the trial court found no duty of care, while the appeals court held that the company was not a common carrier subject to a heightened duty of care, the assumption of risk doctrine eliminated the negligence claim, and the company did have the duty to provide safe landing instructions but the undisputed evidence established that any failure to provide such instruction was not the cause of the injury.

Appellate Information

• Published 2017/08/31

Judges

• SLOUGH

Court

• California Court of Appeal

Counsel