Appellate Court Upholds Summary Judgment in Favor of OLG’s Client in Case Involving Basketball Injury
In September 2020, Los Angeles Superior Court granted OLG’s Motion for Summary Judgment on the basis of primary assumption of risk in a basketball injury case, resulting in dismissal of OLG’s client.
Plaintiff alleged that he slipped on water while playing basketball on an indoor court at a sports facility, which resulted in a fractured left patella and knee tendon rupture. OLG moved for summary judgment on behalf the sports facility on two grounds: (1) Express Assumption of Risk – Plaintiff signed a waiver and release when he checked into the facility and (2) Primary Assumption of Risk – Plaintiff’s injury was the result of the inherent risk of playing basketball. Plaintiff’s opposition attempted to raise allegations of gross negligence and asserted the waiver and release were invalid. Plaintiff retained a notorious Forensic Engineer to attempt to create a factual issue as to the safety of the court. The Court found that Plaintiff failed to present any evidence that there was water on the floor or facts supporting gross negligence, determining it need not reach the issue of the waiver. Instead, the Court found that Plaintiff’s injury resulted from the inherent risk of playing basketball and granted the motion under primary assumption of the risk. The case against the sports facility was dismissed.
In November 2022, the Appellate Court upheld Judgment in favor of OLG’s client.
Kathy D’Andrea wrote the reply to Plaintiff’s opposition as well as the objections to Plaintiff’s expert declaration which were sustained. Joel Witzman wrote the appellate briefs and successfully argued the summary judgment motion before the trial court, as well as oral argument before the appellate court.