NALWA v. CEDAR FAIR, L.P.

No. S195031.

55 Cal.4th 1148 (2012)

150 Cal. Rptr. 3d 551

290 P.3d 1158

SMRITI NALWA, Plaintiff and Appellant, v. CEDAR FAIR, L.P., Defendant and Respondent.

Supreme Court of California.

December 31, 2012.


Attorney(s) appearing for the Case

Law Offices of Ardell Johnson, Ardell Johnson ; Christi Jo Elkin ; Emanuel Law Group and Mark D. Rosenberg for Plaintiff and Appellant.

Manning & Kass, Ellrod, Ramirez, Trester, Patrick L. Hurley , Jeffrey M. Lenkov and Steven J. Renick for Defendant and Respondent.

Duane Morris , John E. Fagan , Paul J. Killion and Jill Penwarden for California Ski Industry Association and National Ski Areas Association as Amici Curiae on behalf of Defendant and Respondent.

Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholtz and Michael L. Amaro for Park Management Corp. doing business as Six Flags Discovery Kingdom, Magic Mountain LLC, LEGOLAND California LLC, Agua Caliente, Bally Total Fitness Corporation, 24 Hour Fitness, GNS Development Corporation doing business as Golf N' Stuff, Mountasia LP, Butler Amusements, Inc., Christensen Amusements, Carnival Midway Attractions, Brass Ring Amusements, Inc., Davis Enterprises and Amusements, Northridge Skateland Enterprises, The Worldwide Outfitters and Guides Association, International Special Events and Recreation Association and Scooters Jungle as Amici Curiae on behalf of Defendant and Respondent.

Snell & Wilmer, Mary-Christine Sungaila and Jessica E. Yates for California Chamber of Commerce as Amicus Curiae on behalf of Defendant and Respondent.

David J. Ozeran as Amicus Curiae on behalf of Defendant and Respondent.

Horvitz & Levy, Frederic D. Cohen and Wesley T. Shih for California Attractions and Parks Association as Amicus Curiae on behalf of Defendant and Respondent.

Gordon & Rees, Don Willenburg ; Cole Pedroza and Joshua C. Traver for Association of Defense Counsel of Northern California and Nevada and Association of Southern Defense Counsel as Amici Curiae on behalf of Defendant and Respondent.


OPINION

WERDEGAR, J.

Plaintiff, who fractured her wrist on a bumper car ride at an amusement park, sued the park owner for negligence in not configuring or operating the bumper car ride so as to prevent her injury. The superior court granted summary judgment for defendant on the basis of the primary assumption of risk doctrine, under which participants in and operators of certain activities...

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