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Keywords

lawsuitplaintiffdefendantnegligencesummary judgmentleasesustainedduty of care

trialsummary judgment

Related Cases

Amezcua v. Los Angeles Harley-Davidson, Inc., 200 Cal.App.4th 217, 132 Cal.Rptr.3d 567, 11 Cal. Daily Op. Serv. 13,259, 2011 Daily Journal D.A.R. 15,773

Facts

The Amezcuas were injured in a collision during the 2006 'Pursuit for Kids Toy Drive,' a motorcycle ride organized by Harley-Davidson. Although Robert Amezcua had participated in previous Toy Rides and signed a release form, he chose not to register or sign the waiver for the 2006 event. During the ride, a van collided with the Amezcuas' motorcycle after the van swerved into their lane. The Amezcuas filed a lawsuit against Harley-Davidson, claiming negligence in organizing the event.

The 2006 Toy Ride took place on November 26, 2006. Participants could preregister or they could register immediately before the ride at the Harley–Davidson dealership on Paramount Blvd. in South Gate, where the 2006 Toy Ride began.

Issue

Did Harley-Davidson owe a duty of care to the Amezcuas, and does the doctrine of primary assumption of risk apply to the motorcycle procession?

The Amezcuas contend that the trial court erred in granting summary judgment to Harley–Davidson based on assumption of risk.

Rule

The primary assumption of risk doctrine applies when participants voluntarily engage in an activity that carries inherent risks, and the defendant has no duty to protect the plaintiff from those risks.

Whether the assumption of risk doctrine applies in a particular case is a question of law.

Analysis

The court determined that the Amezcuas voluntarily participated in the motorcycle procession, which inherently involved risks associated with riding in a large group. The court found that Harley-Davidson did not increase those risks and that the Amezcuas' decision not to register or sign a waiver did not negate the application of the primary assumption of risk doctrine. Therefore, Harley-Davidson was not liable for the injuries sustained during the ride.

The court determined that the Amezcuas voluntarily participated in the motorcycle procession, which inherently involved risks associated with riding in a large group.

Conclusion

The court affirmed the summary judgment in favor of Harley-Davidson, concluding that the primary assumption of risk doctrine applied and that the organizer did not increase the risks inherent in the motorcycle procession.

The court affirmed the summary judgment in favor of Harley-Davidson.

Who won?

Los Angeles Harley-Davidson, Inc. prevailed because the court found that the Amezcuas assumed the risks associated with participating in the motorcycle procession and that Harley-Davidson did not owe them a duty of care.

Harley–Davidson sought summary judgment on various theories. One theory was that the Amezcuas claims were barred by the assumption of risk doctrine.

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