Case Library
Decisions of record, argued by this firm.
Reported appellate opinions from the firm's medical malpractice and general liability practices, with the holding that shaped each result.
8 cases
Grotheer v. Escape Adventures, Inc.
Defense result on the negligence claims; primary assumption of risk applied.
A passenger injured during a hot air balloon landing sued the operator. The Court of Appeal held that a hard landing is an inherent risk of ballooning and that primary assumption of risk bars ordinary negligence claims against recreational operators absent conduct increasing the inherent risks of the activity.
City of Santa Barbara v. Superior Court
California Supreme Court decision on the reach of recreational releases.
The California Supreme Court addressed whether a release signed before a recreational program can bar claims of gross negligence. The decision drew the line between ordinary negligence, which a release may cover, and gross negligence, which it may not, and it governs how participation documents are drafted for public and private recreation programs statewide.
Sports, Recreation & Leisure
U.S. Court of Appeals, Ninth Circuit · 2006
208 Fed.Appx. 561
Kougasian v. TMSL, Inc.
Defense judgment affirmed on the later appeal.
The subsequent appeal in the same recreation-related litigation. The Ninth Circuit affirmed the disposition below, closing out claims the plaintiff had pursued across multiple forums and confirming the defense result for the event and venue interests involved.
Kougasian v. TMSL, Inc.
Ninth Circuit opinion resolving the jurisdictional posture of the dispute.
Federal appellate litigation arising from a recreation-related wrongful death action and the successive proceedings that followed it. The Ninth Circuit addressed the reach of the Rooker-Feldman doctrine and which claims could proceed in federal court, shaping the procedural path of the defense.
Caballero v. Willow Springs Int'l Raceway, Inc.
Judgment for the raceway affirmed.
A claim arising from an incident at a motorsports facility. The appellate court upheld the judgment in favor of the raceway, applying release and primary assumption of risk principles to activity conducted at a track open for competitive and instructional use.
National and International Brotherhood of Street Racers, Inc. v. Superior Court
Writ granted; release held enforceable against the participant's claim.
An organizer sought appellate review after the trial court declined to give effect to a signed release. The Court of Appeal directed that the release be enforced, reinforcing that a release covering the ordinary risks of racing is not defeated merely because the participant later disputes its scope.
Hoffman v. Sports Car Club of America
Release enforced; judgment for the defense affirmed on appeal.
A participant injured at a sanctioned racing event challenged the written release he signed before entering the course. The Court of Appeal upheld the release as a valid, clearly worded assumption of the risks inherent in motorsports competition, confirming that properly drafted participant documents bar negligence claims arising from event participation.
Curlender v. Bio-Science Laboratories
Appellate decision defining the limits of wrongful life claims in California.
A landmark California decision addressing claims brought against a testing laboratory over genetic screening results. The opinion framed the boundaries of so-called wrongful life theories and the damages recoverable against healthcare and laboratory defendants, and remains a reference point in professional negligence litigation.
Past results do not guarantee a similar outcome. Every matter depends on its own facts and applicable law.