Cann

Cann v. Stefanec

Good Law
158 Cal. Rptr. 3d 474·2013 Cal. App. LEXIS 497·217 Cal. App. 4th 462·2013 WL 3179100·13 Cal. Daily Op. Serv. 6530
Court of Appeal of CaliforniaJune 24, 2013B243396California3,166 words

Opinion

Opinion

Kriegler, J.

Plaintiff and appellant Scarlet Cann was injured by a weight dropped by defendant and respondent Annie Stefanec, her teammate on the UCLA (University of California at Los Angeles) swim team, during a mandatory team workout session intended to strengthen the swimmers. Cann filed an action alleging negligence against Stefanec. Stefanec successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Cann argues primary assumption of the risk does not apply under the circumstances of this case. We affirm.

The Motion for Summary Judgment

Stefanec’s motion for summary judgment relied on the following undisputed facts. Cann and Stefanec were members of the UCLA women’s swim team on February 4, 2010. The team lifted weights twice a week in the weight room for the purpose of improving strength to help in competitive swimming. The weight room had numerous platforms elevated one to two inches off the ground, with a weight rack on each platform. Team members were performing a circuit of three exercises, including “step-ups,” pushups, and use of a “glut/ham machine.”

Stefanec was performing step-ups on the platform with her back to the weight…

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