STIMSON v. CARLSON

Docket No. A054890.

11 Cal.App.4th 1201 (1992)

14 Cal. Rptr.2d 670

MICHAEL R. STIMSON, Plaintiff and Appellant, v. THOMAS CARLSON, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

December 21, 1992.


Attorney(s) appearing for the Case

COUNSEL

Martinez & Hampton, George C. Martinez and Gregory J. Hampton for Plaintiff and Appellant.

Ropers, Majeski, Kohn, Bentley, Wagner & Kane, Lawrence M. Guslani, Robert P. Andris, Coddington, Hicks & Danforth and David King for Defendant and Respondent.


OPINION

REARDON, J.

Appellant Michael R. Stimson appeals after summary judgment was granted in favor of respondent Thomas Carlson in Stimson's action for negligence arising from injuries sustained in a sailboat accident. Stimson contends that (1) the doctrine of assumption of the risk does not bar his cause of action, and (2) even if the defense might bar recovery, a triable issue of fact exists precluding summary judgment. In June...

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