home about us practice areas our clients news & resources
Sign Up for Newsletters

346 North Larchmont Boulevard
Los Angeles, California 90004
tel: (323) 993-0198
fax: (323) 993-9509
font- small font - medium font - large print page
Edition 11.07.07


Deadly Collision
Long Truong v. Cu Van Nguyen
(Woman Died in Watercraft Collision on Lack; Court Ruled Primary Assumption of the Risk Barred Negligent Operation Claim and There was No Evidence of Negligent Entrustment)

Hitting the Slopes
Berry v. Greater Park City Company
(Experienced Skier in Competition Breaks Neck and Suffers Paralysis; Release Enforceable to Preclude Liability for Ordinary Negligence; Triable Issues of Fact Existed Regarding "Gross Negligence"; Dismissal of Strict Liability Claim was Proper)
  "Ring of Fear" Results in Death
Davis v. 3 Bar F Rodeo
(Man Killed by Aggravated Bull at Rodeo; Release Signed by Decedent Precluded Negligence Liability Despite Failure to Post Proper Warnings Under Kentucky's Farm Animals Activities Act; Triable Issues Existed as to Release and as to Whether Aggravating the Bull Amounted to "Gross Negligence")

Download PDF | (60kb)

Edition 10.24.07


Sticking To It
Zipusch v. LA Workout, Inc.
(Woman Falls Due to Sticky Substance on Treadmill; Poorly Worded Waiver and Release Fails to Protect the Health Club from Negligence Liability)

Caution: Supervision Required
Patterson v. Sacramento City Unified School District
(Truck Driver Student Injured Unloading Bleachers During a Community Service Project; School Owed a Duty to Supervise; Activity Not Inherently Dangerous and Primary Assumption of Risk Doctrine Did Not Apply)
  O-U-C-H ... What's That Spell?
Krathen v. School Board of Monroe County
(High School Cheerleader Injured During Practice; Waiver and Release Signed by Parent Enforced, Negligence Claims Barred)

Download PDF | (62kb)

Edition 09.18.07


Parens Patriae ("Father of the People")
Fields v. Kirton
(Fatal ATV Accident; Court of Appeal Makes a Clear Statement Against Parents'/Guardians' Rights to Waive/Release Negligence Liability on Behalf of Minor Participants in Recreation Activities; Conflict Created in the Law)
  Fore Head
Shin v. Ahn
(Golfer Learns Lesson About Standing in Front of Another golfer Teeing Off; Court Allows Case to Proceed to Trial on Issue of Reckless Conduct)

Download PDF | (50kb)

Edition 07.17.07


BREAKING NEWS: California Waivers Take a Big Hit
California Supreme Court Holds that Sports and Recreation Waiver and Release and Express Assumption of the Risk Agreements Cannot Exculpate a Party from Gross Negligence; May Have Voided Thousands of Existing Agreements.

Download PDF | (38kb)

Edition 04.19.07


Inherent Risks
Nebraska Legislators Look to Protect Government Entities
Providing Recreational Activities
(Pending Bill Would Protect Government Entities from Liability Arising From the Inherent Risks of a Recreational Activity)

Not Up Lifting
Chepkevich v. Hidden Valley Resort
(Woman Falls From Ski Lift; Argues Oral Contract to Defeat Release; Adhesion Contract)

Pucker Up
Hurst v. East Coast Hockey League, Inc.
(Hockey Spectator Struck in the Face with Puck; Claim Barred By Assumption of Risk)

Not Exactly According to the Curriculum
Brown v. Soh
(Racing School Driving Instructor Struck By Car Driven by Student; Release Violated Public Policy and Not Enforced)

The Agony of Victory
Moening v. University of Toledo
(Football Game Spectator Injured by Goal Post During Postgame Celebration; Court Says Assumption of Risk and No Duty
Owed by University)
  No Horseplay Around the Office
Deak v. Bach Farms, LLC
(Licensed Horse Trainer Was Thrown From Horse He Was Instructed to Ride; Issue of Fact Regarding Prior Knowledge of
Vicious Propensities Left for the Jury)

Brew Run Gone Wrong
Durham v. Patel
(Apparently Intoxicated Mini-Mart Patron Slipped and Fell While Trying to Buy Beer; Employee was Mopping; Triable
Issue Existed as to Mini-Mart's Superior Knowledge of Danger)

Blades of Glory
Ziegelmeyer v. United States Olympic Committee
(Olympic Speedskater Suffers Injury During Fall in Practice, Blames Padding on Boards; Court Says Assumed Risk)

Download PDF | (68kb)

Edition 03.26.07


Regulating Fun
Arizona Legislators Consider Safety Legislation for Amusement and Carnival Rides
(Arizona is One of More Than 10 States Without Regulations for Carnival Rides; Could Change)

Impenetrable Defense
Willis v. Willoughby
(Self-Defense Instructor Takes Down Student; Court Finishes Her Off with Release)

Shore Stopper
In re Complaint of Royal Caribbean Cruises
(Dad and Son Crash Wave Runner Into an Island; Dad's Claim Barred by Release, Son's Claim Continues)

That'll Be A Deduction on the Landing
Yedid v. Gymnastic Center
(Minor Injured During Failed Gymnastic Front Flip; Court Says Falling is an Inherent Risk)

High School Football Practice Casualty
Stowers v. Clinton Central School
(High School Football Player Collapses and Dies During Practice; Jury Verdict for School Reversed and Case Remanded; Release Did Not Cover Negligence)
  Left Wanton More
Wagner v. SFX Motor Sports, Inc.
(Motorcycle Racer Crashes and Burns; Release Signed, but Triable Issue Found Regarding "Wanton" Conduct)

Extreme Tubing
Berdecia v. Orange
(Spinning Snow Tuber Breaks Ankle; Court Says Inherent Risk and No Liability)

Uncalled Fore
Hemady v. Long Beach Unified School District
(One Student Golfer Accidentally Whacks Another in the Face with Golf Club; Court Says Conduct Outside the Scope of Sport)

Dodging Liability
Dyrcz v. Longview Enterprise
(Dodge Baller Takes One in The Knee and Another One in Court; Release Enforced)

Download PDF | (89kb)

Edition 02.06.07


A Prescription for Injury
Rivkin v. City of Carlsbad
(Doctor Injured Pitching Ball - Should Keep Day Job)

Easy Rider . . . Big Injury
Wiese v. Hjersman
(Minor Motocross Rider Hits Spectator - Claim Against Parent and Track)

Working Out of Liability
Shaw v. Premier Health and Fitness Center
(Injured Health Club Member - Barred from Making Claim)
  Unattractive Pond
Butler v. Newark Country Club
(Minor Drowns in Pond at Country Club - No Liability)

Snow Place Like Court
Adams v. White Water Mountain Resorts
(Snow Tuber Crashes - Waivers Severely Damaged)

"Danger! You May Need to Turn!"
Curtis v. Town of Inlet
(Snowmobile Rider Takes a Wrong Turn - Blames Signs)

Download PDF | (60kb)

Edition 12.28.06


Chew On This!
Leibel v. Sandy Springs Historic Community Foundation, Inc.
(Concert Patron Slipped and Fell on Gum Balls That Had Fallen From Sweet Gum Tree; Facility Did Not Have a Duty to Remove the Naturally Occuring Condition)

Not Exactly The Type of Water Park Ride Experience She Was Searching For
Dickerson v. Guest Services Company of Virginia
(Amusement Park Patron Slipped and Fell on Wet Stairs in a Restaurant; Wet Stairway Was Not a Hazardous Condition)

Court Gives Defendant the Bird[ie] in Badminton Injury Case
Rosenbaum v. Bayis Ne'emon, Inc.
(Badminton Player Slips Into Hole in the Ground During Game; Risk of the Condition Not Assumed by Player)


Not So Happy Trails
Austin v. Bear Valley Springs Association
(Horse on Trail Spooked by Nearby Dogs; Community Association May Have Failed to Enforce Covenants and Restrictions)

Bringing New Meaning to the Term "Slice"
Bowman v. McNary
(High School Golfer Whacks Teammate in the Head with Golf Club During Match; Blinded Teammate Barred From Proceeding With Claim Against Golfer and School; "Incurred Risk" Survives for Government Entities)

Download PDF | (42kb)

Edition 11.13.06


Painting "Fore" Fun
Thomas v. Wheat
(Painter Takes One in the Mouth - Golfer Clearly has an Accuracy Problem - Jury to Decide the "Zone of Risk")

The Runner Goes . . . and She is NOT Safe!
Ross v. New York Quarterly Meeting of Religious Society
(Female Youth Softball Player Injured Practicing Slide - Thinks About Sliding Head First Next Time)

We Recommend Sitting Down During the Ride
Muller v. Jackson Hole Mountain Resort
(Gondolas Gone Wild - Alpine Skier Dragged by the Boots)
  Caution: Horses May Move
Anderson v. Four Seasons Equestrian Center
(Rider Tries to Mount Horse. . . Horse Moves . . . Rider Falls to the Ground. This was Obviously the Fault of the Equestrian Center)

Big Horses and Little Children - Let the Fireworks Begin
Lavenda v. Rodowick
(Fourth of July Horse Rides Gone Bad - Minor Child Injured When Horse Reared Up)

Download PDF | (42kb)

Edition 10.09.06


Whoa Nellie!
Courbat v. Dahana Ranch
(There's Nothing Like a Kick in the Shin - Horse Gets Spooked and Plaintiff's Counsel Gets Creative)

Snow Tuber v. Barrier Wall...Wall Wins!
Beck-Hummel v. Ski Shawnee
(Effect of Snow Tubing Ticket Language Frozen by Triable Issues Regarding Consent and "Conspicuous" Test)

Timing is Everything
Pollock v. Highlands Ranch Community Association
(Minor Rock Climber Successfully Attacks Retroactive Application of Minor Waiver and Release Statute)
  On Court Battle for Gender Supremacy
Schnarrs v. Girard Board of Education
(Cooties Alert! Big Meany Breaks Girl's Arm During Inter-Gender Practice)

Lake Was Open and Obvious
Brazier v. Phoenix Group Management
(Property Developer Not Liable for Death of Mother Who Saved 13-year old From Drowning)

Download PDF | (41kb)

Edition 08.28.06


Keep On Truckin'
Dones v. Super Service
(Commercial Truck Passenger Release Enforced)
  Taking One From the Team
Neal v. Team Kalamazoo
(Game Patron Struck by Baseball on Walkway Assumed Risk)

Download PDF | (33kb)
© 2007 Agajanian, McFall, Weiss, Tetreault & Crist LLP. All rights reserved. - Terms & Privacy Home - About Us - Practice Areas - Our Clients - News & Resources