Foltz v. Johnson

Plaintiff filed suit against her ex-fiance for negligence after she suffered a paralyzing spinal injury when she was thrown from her dirt bike during a ride with him. The Court of Appeal affirmed the trial court's grant of defendant's motion for summary adjudication on the basis of primary assumption of risk. The court held that plaintiff's primary assumption of risk barred the negligence claim where the ex-fiance's "guarantee" of a trail did not increase the inherent risk of injury from off-road biking to a coparticipant, and there were not triable factual issues as to whether the ex-fiance engaged in reckless conduct totally outside the range of activity involved in off-road dirt biking. View "Foltz v. Johnson" on Justia Law