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eBook details

• Title: Ford V. Gouin
• Author : Supreme Court Of California
• Release Date : January 24, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

As in the companion case of Knight v. Jewett, ante, page 296 [11 Cal. Rptr. 2d 2, 834 P.2d 696] (hereafter Knight), the issue in this case is whether plaintiff's cause of action, arising out of an injury allegedly caused by the negligence of a coparticipant in an active sport, is barred under the assumption of risk doctrine. As explained in Knight, in light of the adoption of comparative fault principles in Li v. Yellow Cab Co. (1975) 13 Cal. 3d 804 [119 Cal. Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], the assumption of risk doctrine operates as a complete bar to a plaintiff's action only in instances in which, in view of the nature of the activity at issue and the parties' relationship to that activity, the defendant's conduct did not breach a legal duty of care owed to the plaintiff. As Knight also explains, in general the legal duty applicable to a coparticipant in an active sport simply is a duty to avoid either intentionally injuring another participant or engaging in conduct so reckless as to bring it totally outside the range of the ordinary activity involved in the sport. A coparticipant in an active sport ordinarily bears no liability for an injury resulting from conduct in the  course of the sport that is merely careless or negligent.

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