Archive for May, 2015

Yard Sale – Skier Not Liable for Collision with Ski Instructor (CA)

May 7, 2015

Rees v. Crawford (Calfornia)

The plaintiff ski instructor filed a negligence lawsuit against a skier who collided with her.  The defendant filed a motion for summary judgment on the grounds that the plaintiff had voluntarily assumed the risk of being injured from a collision with another skier.  Defendant further asserted that her conduct was not reckless because it was “neither completely outside the range of ordinary activity involved in the sport, nor done with a deliberate disregard of the high degree of probability that an injury would result.”  The trial court agreed and granted the defendant’s motion.  Plaintiff appealed.

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Unreasonable Eviction – Colorado Supreme Court Finds That Hotel Owed a Duty to Evicted Drunk Guests (CO)

May 6, 2015

Westin Operator, LLC v. Groh (Colorado)

The issue raised by the case (an issue of first impression for the Supreme Court of Colorado) was: “What duty of care, if any, does a hotel owe to a guest during a lawful eviction?”

Following a late night out in downtown Denver, the plaintiff brought a group of friends back to a hotel room she had rented at the hotel operated by the defendant.  Thereafter, security guards from the hotel confronted the group about the noise level coming from their room, and the hotel eventually evicted them from the premises.  Plaintiff and her group were evicted “even though [they] advised the guards that they were drunk and could not drive.”  One of the members of the party asked if he could stay in the lobby to wait for a taxicab because it was cold outside, but the security guarded refused.  Plaintiff and six others got into plaintiff’s car, with a drunk driver behind the wheel.  Fifteen miles later, the car rear-ended another car.  The resulting crash killed a third party and left the plaintiff in a persistent vegetative state with traumatic brain injuries.

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In the Rough – Golf Course Defeats Claim of Golfer Who Tripped Over a “Clump” of Mowed Grass (NY)

May 5, 2015

German v. City of New York (New York)
(unreported trial court disposition)

A veteran golfer tripped and fell on a “clump” of wet grass on a golf course, suffering a significant leg injury.  He filed a negligence lawsuit against the golf course, claiming that it failed to properly maintained the course, failed to properly cut and remove or disburse cut grass at the location of the fall, failed to keep the course free from hazardous conditions, and failed to property train, supervise and coordinate its employees.  The golf course filed a motion for summary judgment based on the doctrine of primary assumption of risk.  The trial court (the Supreme Court of New York) granted the course’s motion.

On the day of the incident, the grass was very wet and golf carts were banned from the fairway.  Plaintiff completed the first 12 holes of the course, and by the time the plaintiff reached the 13th hole, the grass was in the process of being cut.  Plaintiff stepped out of the cart and began walking down the hill towards his ball when he tripped and fell on the clump of wet grass that purportedly was left on the fairway after the grass had been cut.

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Pit Road Penalty – Release Agreements Enforceable But Not to Bar Negligent Bleacher Maintenance Claim (NY)

May 4, 2015

Stevens v. Payne (NewYork)
(trial court opinion)

The plaintiff was injured while watching his daughter compete as a race care driver at a racetrack in New York.  Plaintiff suffered a heart attack and fell off of bleachers landing six feet below onto the ground, resulting in permanent paralysis of his legs.  He then sued the racetrack (Skyline Raceway) and the sprint car sanctioning entity (Capital Region Sprintcar Agency [“CRSA”]), alleging there was a dangerous condition on the bleachers because they lack side railing.  CRSA file a motion for summary judgment on tow grounds: (1) it did not owe a duty to plaintiff for the condition of the bleachers because it neither owned nor controlled them; and (2) the plaintiff’s cause of action was barred by the two waiver and release agreements signed by the plaintiff (one signed for the CRSA in connection with the race car entry, and one signed for Skyline at the event on the day of the incident).

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Down the Stretch He Comes – Trainer Not Liable to Boarder for Unleashed Dog that Injured Boarder (CA)

May 1, 2015

Plumer v. Rigdon (California)
(not published)

Plaintiff boarded her horse at Arroyo Del Mar Stables, and the defendant was a horse trainer at the stable.  Plaintiff was injured when the defendant’s dog ran into the barn, ran down the barn aisle, and then collided with plaintiff as it ran by, causing plaintiff to suffer a leg injury.  Plaintiff filed a lawsuit against the defendant, alleging a single cause of action for negligence.  Defendant moved for summary judgment arguing “(1) no legal duty existed to prevent the injury caused by [defendant’s] dog; and (2) the presence of dogs was a condition known to [plaintiff] and a risk she assumed explicitly in a release agreement with the Stables and implicitly by her presence at the Stables.”  The trial court granted the defendant’s motion, finding that defendant owed not duty of care to plaintiff.  Plaintiff filed a motion for reconsideration with the trial court citing San Diego County Code Ordinances and arguing that defendant “had a prima facie claim that [defendant’s] conduct in allowing the dog to run free violated the Ordinances.”  The trial court concluded it lacked jurisdiction to rule on the motion because it had already entered judgment.  Plaintiff then appealed the decision.

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