GOMEZ v. SUPERIOR COURT

No. S118489.

29 Cal.Rptr.3d 352 (2005)

35 Cal.4th 1125

113 P.3d 41

Johana GOMEZ, as Administrator, etc., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The Walt Disney Company et al., Real Parties in Interest.

Supreme Court of California.

June 16, 2005.


Attorney(s) appearing for the Case

Barry B. Novack, Beverly Hills, for Petitioner.

No appearance for Respondent.

Snell & Wilmer, Richard A. Derevan and Janet L. Hickson, Irvine, for Real Parties in Interest.

Gibson, Dunn & Crutcher, Scott A. Edelman and Christopher Chorba, Los Angeles, for California Attractions and Parks Association and International Association of Amusement Parks & Attractions as Amici Curiae on behalf of Real Parties in Interest.

Miles & Stockbridge, R. Wayne Pierce; Gordon & Rees and Stephen T. Waimey, Newport Beach, for Outdoor Amusement Business Association, Inc., World Waterpark Association, Inc., American Karting & Park Association, Inc., American Specialty Companies, Inc, Six Flags, Inc., International Amusement & Leisure Entertainment Industries, Inc., Western Fairs Association, California Fairs Alliance, California Fair Services Authority and Paradise Island Amusement Park as Amici Curiae on behalf of Real Parties in Interest.


MORENO, J.

The estate of a passenger who died as a result of injuries allegedly sustained while riding on the Indiana Jones attraction at Disneyland brought causes of action based upon Civil Code section 2100, which requires a "carrier of persons for reward" to "use the utmost care and diligence" for the safety of its passengers, and Civil Code section 2101, which imposes a duty upon such a carrier to provide "vehicles" that are "safe and fit for the purposes to which...

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