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DISTEFANO v. FORESTER

No. D035333.

102 Cal.Rptr.2d 813 (2001)

85 Cal.App.4th 1249

Greg DISTEFANO, Plaintiff and Appellant, v. John Glenn FORESTER, Defendant and Respondent.

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

January 2, 2001.

Attorney(s) appearing for the Case

The Traut Law Firm, James R. Traut and Eric V. Traut, Santa Ana, for Plaintiff and Appellant.

Horvitz & Levy, Barry R. Levy, Julie L. Woods, Encino; Brownwood & Rice and Robert S. Rucci, San Diego, for Defendant and Respondent.

NARES, J.

INTRODUCTION

In April 1998, plaintiff and appellant Greg Distefano (Distefano) and defendant and respondent John Glenn Forester (Forester) were both engaged in the sport of "off-roading." Distefano was riding his motorcycle on a dirt trail, approaching the crest of a small blind hill. At the same time, Forester was ascending the other side of the same blind hill in a dune buggy. Neither Distefano...

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