Buchan
Buchan v. United States Cycling Federation, Inc.
Opinion
Lead Opinion
Woods, J.
This is an appeal by appellant/defendant United States Cycling Federation, Inc. (USCF) from the judgment of the Los Angeles County Superior Court, the Honorable Irwin J. Nebron, Judge presiding, in favor of respondent/plaintiff, Barbara Buchan (Buchan). Reversed.
I.
Facts and Proceedings Below
On July 7, 1983, Buchan filed a form complaint for personal injury against defendants, USCF, Self Magazine, and 50 fictitious defendants alleging, inter alia, that “ [defendants and each of them sponsored a bicycling race at which the plaintiff was a participant. The defendants, and each of them, negligently failed to supervise and monitor the bicycle race with the result that the plaintiff was involved in a collision with other cyclists suffering the injuries and damages complained of.”
On October 1, 1986, USCF filed its “First Amended Answer to Unverified Complaint.” Included in the affirmative defenses was an allegation that Buchan assumed all the risks, hazards and dangers, and that Buchan expressly waived and relinquished all legal rights to seek damages from USCF for her injuries.
Buchan’s complaint arises out of an accident that occurred on July 9, 1982, during a bicycle…
Opinion
WOODS (Fred), J.
This is an appeal by appellant/defendant United States Cycling Federation, Inc. (USCF) from the judgment of the Los Angeles County Superior Court, the Honorable Irwin J. Nebron, Judge presiding, in favor of respondent/plaintiff, Barbara Buchan (Buchan). Reversed.
On July 7, 1983, Buchan filed a form complaint for personal injury against defendants, USCF, Self Magazine, and 50 fictitious defendants alleging, inter alia, that "[d]efendants and each of them sponsored a bicycling race at which the plaintiff was a participant. The defendants, and each of them, negligently failed to supervise and monitor the bicycle race with the result that the plaintiff was involved in a collision with other cyclists suffering the injuries and damages complained of."
On October 1, 1986, USCF filed its "First Amended Answer to Unverified Complaint." Included in the affirmative defenses was an allegation that Buchan assumed all the risks, hazards and dangers, and that Buchan expressly waived and relinquished all legal rights to seek damages from USCF for her injuries.
Buchan's complaint arises out of an accident that occurred on July 9, 1982, during a bicycle race from…
Dissenting Opinion
Johnson, J.
I respectfully dissent.
If the facts in this case were as stated by the majority I would join in voting to reverse the judgment. The majority opinion leads one to believe this is a case about a bicycle racer, with “dreams” of going to the Olympics, who fell off her bicycle and was injured in the course of a race. The majority opinion misstates the facts in this case by omitting any mention of the cause of plaintiff’s accident and the federation’s responsibility for it; by glossing over plaintiff’s standing in the world of amateur bicycle racing; and by ignoring the domination over amateur bicycle racing exercised by the United States Cycling Federation (Federation). These facts, set forth more fully below, distinguish this case from the Okura line of cases relied on by the majority 1 and support the trial court’s ruling that the releases signed by plaintiff are unenforceable by the Federation.
Facts and Proceedings Below
Ms. Buchan suffered severe head injuries as the result of a crash during a bicycle race in Malibu conducted by the Federation. The evidence relevant to the issues on appeal is as follows: