Murphy v. Matas CA1/2

Good Law
Court of Appeal of CaliforniaSeptember 13, 2013A135758MCalifornia8,305 words

Opinion

Opinion

BACKGROUND

On August 15, 2010, Murphy, her husband, and two stepchildren attended a recreational event, Cornerstone Fellowship Singles Ministry Water Day Event, organized and promoted by Matas and Cornerstone. The event was at Lake Hogan in Valley

1 Murphy also sued another individual for negligent entrustment but he was, subsequently, dismissed as a defendant.

1 Springs, California. The recreational activity of tubing was offered at the event. Tubing, according to Viss, “is a water activity in which individuals ride on an inflatable raft, such as the ski tube, while it is being towed by a motorboat.” Matas borrowed a motorboat and a Sea-Doo Triangle Towable Ski Tube (Sea-Doo tube or raft) that were owned by Viss for the church event. Viss did not attend. Matas operated the motorboat and towed the Sea-Doo tube, which accommodated three persons. During one of the rides, Murphy’s husband and two stepchildren rode in the motorboat with Matas and Murphy, a child, and another adult rode in the tube. Murphy was not ejected from the tube during her ride. After Murphy rode in the tube, her husband and her stepson rode in the tube; Murphy took a video of them. On March 28, 2011, Murphy…

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