WHELIHAN v. ESPINOZA

No. C042145.

2 Cal.Rptr.3d 883 (2003)

110 Cal.App.4th 1566

Lisa WHELIHAN, Plaintiff and Appellant, v. David ESPINOZA, Defendant and Respondent.

Court of Appeals of California, Third District.

Review Denied November 12, 2003.


Attorney(s) appearing for the Case

Robert J. DiLorenzo, Nevada City, for Plaintiff and Appellant.

Chapman, Popik & White, Susan M. Popik, Carol D. Quackenbos, San Francisco, Renee C. Callantine; Neil Olson & Associates and Neil E. Olson for Defendant and Respondent.


SCOTLAND, P.J.

Plaintiff Lisa Whelihan sued defendant David Espinoza for damages that plaintiff sustained in a jet ski accident. The trial court ruled that the primary assumption of risk doctrine barred plaintiffs claims and, thus, entered summary judgment in favor of defendant.

On appeal, plaintiff contends the judgment must be reversed because, in her view, assumption of risk does not apply under the circumstances of this case and there are triable issues...

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