KAHN v. EAST SIDE UNION HIGH SCHOOL DIST.

No. S105735.

4 Cal.Rptr.3d 103 (2003)

75 P.3d 30

31 Cal.4th 990

Olivia KAHN, a Minor, etc., Plaintiff and Appellant, v. EAST SIDE UNION HIGH SCHOOL DISTRICT et al., Defendants and Respondents.

Supreme Court of California

August 28, 2003.


Attorney(s) appearing for the Case

Offices of Patrick R. McMahon, Patrick R. McMahon, San Jose, Seema A. Savur, Lydia J. Carlsgaard; Rhoads Appellate Group and Steven R. Rhoads, Greenbrae, for Plaintiff and Appellant.

Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for California Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Hoge, Fenton, Jones & Appel, Needham, Davis, Kirwan & Young, Mark E. Davis, Marc J. Cardinal and Kirsten M. Fish, for Defendants and Respondents.

Hancock Rothert & Bunshoft, John E. Fagan, Tahoe City, Paul J. Killion, San Francisco, Joseph P. Collins, Los Angeles, and Jill Penwarden, Tahoe City, for California Ski Industry Association as Amicus Curiae on behalf of Defendants and Respondents.

Horvitz & Levy, Julie L. Woods, Encino, and Robert H. Wright for The American Youth Soccer Organization, Little League Baseball, Incorporated, California State University, The University of California and Golden Eagle Insurance Corporation as Amici Curiae on behalf of Defendants and Respondents.

Gene D. Vorobyov for Cities of San Luis Obispo, San Pablo, Santa Paula and Tracy as Amici Curiae on behalf of Defendant and Respondent East Side Union High School District.


GEORGE, C.J.

This case presents a question concerning the proper application of the doctrine of primary assumption of risk. At the time of her injury, plaintiff was a 14-year-old novice member of defendant school district's junior varsity swim team. She was participating in a competitive swim meet when she executed a practice dive into a shallow racing pool that was located on defendant school district's property and...

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