Altman

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This is a state law products liability-action brought by Plaintiff Jeffrey Altman (“Altman”) against Defendant [¶] Sports Company (“HOS”). The case was originally filed in Kern County, but HOS removed to this Court. HOS now moves for summary judgment on all claims alleged against it. For the reasons that follow, HOS’s motion will be granted in part and denied in part.

FACTUAL BACKGROUND

A 2004 article entitled “Wakeboarding Injuries” appeared in the American Journal of Sports Medicine (“AJSM”). See Request for Judicial Notice (“RJN”) Ex. 2. According to the article, “Wake-boarding began in the mid-1980’s as a combination of waterskiing, surfing, and snowboarding.” RJN Ex. 2. The article describes wakeboarding as follows:

RJN Ex. 2.

Falls and failing to properly execute a trick are an inherent risk of wakeboarding. See JUMF’s 17, 18. Falling or failing to properly execute a maneuver or trick can occur in myriad ways and can be the result of several factors, including human error, the rider attempting maneuvers he is not proficient at, and the dynamic uncontrollable conditions of the sport, such as water conditions, boat driving,…