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MASTRO v. PETRICK

No. F034825.

112 Cal.Rptr.2d 185 (2001)

93 Cal.App.4th 83

Robert MASTRO, Plaintiff and Appellant, v. Steve PETRICK, Defendant and Respondent.

Court of Appeals of California, Fifth District.

As Modified October 23, 2001.

Attorney(s) appearing for the Case

Wagner & Jones, and Nicholas Wagner, Fresno, for Plaintiff and Appellant.

Nagel & Nagel, and John T. Nagel, Fresno, for Defendant and Respondent.

OPINION

ARDAIZ, P.J.

This case involves the tort liability of a snowboarder who collided with a skier while both were descending a snow-covered mountainside (hereafter "slope"). The parties present two issues on appeal. First, are snowboarders and skiers using the same slope "coparticipants" in a sporting activity such that the doctrine of primary assumption of risk applies to bar appellant's recovery? Second, if primary assumption of risk does apply, was...

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