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ORDWAY v. SUPERIOR COURT

Docket No. G005171.

198 Cal.App.3d 98 (1988)

243 Cal. Rptr. 536

HOMER ORDWAY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JUDY CASELLA et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

January 29, 1988.

Attorney(s) appearing for the Case

COUNSEL

Sheehan & Booser and Michael C. Booser for Petitioner.

No appearance for Respondent.

Munns, Kofford, Hoffman, Hunt & Throckmorton and Edward H. Cummings for Real Parties in Interest.

OPINION

CROSBY, J.

Does reasonable implied assumption of risk remain a viable defense after the adoption of comparative fault? We hold it does.

I

Judy Casella, a veteran jockey who had ridden in 500 professional horse races without incident, was thrown from her mount and further injured when the equine fell and rolled over her during a quarterhorse race at Los Alamitos Race Course on January 3, 1983. The tragic chain...

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