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VINE v. BEAR VALLEY SKI CO.

Nos. A099536, A099647.

13 Cal.Rptr.3d 370 (2004)

118 Cal.App.4th 577

Charlene VINE, Plaintiff and Respondent, v. BEAR VALLEY SKI COMPANY, Defendant and Appellant.

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

Rehearing Denied June 3, 2004.

Review Denied August 25, 2004.

Attorney(s) appearing for the Case

Paul D. Nelson, Paul J. Killion, Michael L. Reitzell, Hancock Rothert & Bunshoft, Peter J. Koenig, San Francisco, Tucker Ellis & West, for Appellant Bear Valley Ski Company.

Michael S. Danko, Menlo Park, Gary L. Simms, Niall G. Yamane, Redwood City, O'Reily Collins & Danko, for Respondent Charlene Vine.

PARRILLI, J.

In personal injury cases arising from sporting activities, a defendant cannot be charged with a duty to protect the plaintiff from risks inherent in the sport. Those risks are borne by the plaintiff as a matter of law, under the "primary assumption of risk" doctrine. However, the defendant can be held liable for breaching the duty not to increase the risks encountered by the plaintiff beyond the level inherent in the sport. This is an aspect of "secondary...

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