Motion for Summary Judgment granted in Dune-Buggy case, Case Dismissed
Los Angeles Superior Court grants OLG’s motion for summary judgment on grounds that the primary assumption of risk doctrine barred Plaintiff’s claim for negligence thereby ending the case against OLG’s client.
Plaintiff was a passenger in an all-terrain vehicle (“ATV”) or dune-buggy, driven by OLG’s client, when it rolled over, causing injuries. Plaintiff filed a lawsuit against the driver asserting a cause of action for negligence. OLG filed a motion for summary judgment contending that the primary assumption of risk defense arises where a Plaintiff voluntarily participates in an activity or sport involving certain inherent risks, barring recovery. The Court followed the ruling of Distefano v. Forester (2001) 85 Cal.App.4th 1249, 1264 and found that “the sport of off-roading involves inherent risks that the participants in this recreational activity may be involved in inadvertent motor vehicle collisions and may suffer serious injury or death.” On that basis, the Court granted the motion for summary judgment filed by OLG and dismissed the case against OLG’s client.
Rajeev Patel was responsible for drafting the reply brief attacking all of Plaintiff’s opposition evidence.