California Appellate Tracker

Foltz v. Johnson

November 6, 2017

The question of which risks are inherent in a recreational activity, here, dirt biking, is fact-intensive but, on a sufficient record, may be resolved on summary judgment.

Primary assumption of the risk barred plaintiff’s claim against a co-participant for injuries sustained while on a recreational off-road dirt motorbiking journey. Spills are a normal risk of off-road dirt biking. The co-participant did not significantly increase that inherent risk by urging plaintiff to continue up a sand dune, saying that the trail would continue on the other side. Plaintiff could see the dune itself lacked a trail, but she went ahead anyway. Also, the co-participant did not engage in conduct that is so reckless as to be totally outside the range of the ordinary activity involved in the sport. Though the co-participant was a more experienced rider and knew plaintiff lacked similar experience, urging her on to more dangerous riding was not totally outside the range of ordinary activity.

California Court of Appeal, Second District, Division Four (Willhite, J.); October 25, 2017; 2017 WL 4803950.

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Foltz v. Johnson

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