Firm Garners Two Successful Outcomes in High Exposure Primary Assumption of Risk Cases on Same Day

February 23, 2017

Manning & Kass attorneys achieved successful outcomes in two high exposure California personal injury cases involving primary assumption of risk doctrine on the same day. The first plaintiff sought $20 million in damages after a 12-year-old girl was struck in the face by a foul ball while attending a baseball game at Cal State Long Beach. The injuries were severe and included permanent loss of vision. 

A demurrer filed by Los Angeles partners Sevan Gobel and Ladell Hulet Muhlestein was sustained without leave to amend. The Court agreed that  primary assumption of the risk applies so long as the stadium didn’t do anything to increase the risk of the sport. They concluded that failure to extend netting all the way to the third base line did not increase the otherwise inherent risks of getting struck by a ball.

In a second case, Plaintiff, her husband, and 3 teenagers went on a Segway tour and 1 ½ hours in, she hit a concrete barrier, fell, and sustained a permanent arm injury.  San Francisco associate Jill Cohoe prepared and argued an Motion for Summary Judgment based on a release of liability and express assumption of the risk. Plaintiff argued gross negligence, economic duress, and misrepresentation. The Court granted the motion in a four page opinion that adopted every argument in the Motion. San Francisco managing partner Michael Smith and associate Alexandra Seibert handled depositions in the matter.