Mason v. Lake Dolores Group, LLC

Good Law
11 Cal. Rptr. 3d 914·117 Cal. App. 4th 822·2004 Cal. App. LEXIS 492·2004 Daily Journal DAR 4423·2004 Cal. Daily Op. Serv. 3114
Court of Appeal of CaliforniaApril 9, 2004E032691California6,686 words

Opinion

Opinion

King, J.

INTRODUCTION

Plaintiff and appellant, James Mason (Mason), was rendered a paraplegic after he rode down a water slide and crashed into the dam at the end of the slide. The accident occurred at a water park owned and operated by Mason’s employer, defendant and respondent, Lake Dolores Group, LLC (LDG). Shortly before the accident, Mason reported to work, but did not clock in. At the time of the accident, the park was closed and the water slide was turned off, but Mason instructed another employee to turn the water slide on. An insufficient amount of water pooled in the “runout lane” at the end of the slide, causing the accident and Mason’s injuries.

Mason sued LDG, alleging negligence. A jury found LDG negligent, and apportioned fault 52 percent to LDG, 38 percent to Mason, and 10 percent to unnamed “others.” The jury also found that Mason was not acting in the course and scope of his employment when he was injured. Thus, the jury rejected LDG’s claim that the workers’ compensation exclusive remedy rule barred Mason’s negligence action. A judgment was entered in favor of Mason and against LDG. After offsets, the amount of the judgment was $4,397,850.

LDG moved for a…

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