Nemarnik

Nemarnik v. Los Angeles Kings Hockey Club

Good Law
103 Cal. App. 4th 631·127 Cal. Rptr. 2d 10·2002 Cal. App. LEXIS 4939·2002 Daily Journal DAR 12807·2002 Cal. Daily Op. Serv. 11049
Court of Appeal of CaliforniaOctober 9, 2002B150794California4,781 words

Opinion

Opinion

Ortega, J.

Plaintiff Holly Ann Nemarnik was injured when, during pregame warm-ups at a Los Angeles Kings ice hockey game, a puck flew off the ice and struck her in the mouth. Plaintiff sued the Kings (The Los Angeles Kings Hockey Club, L.P.), the National Hockey League, and the owners and operators of the ice hockey venue (California Forum, doing business as Great Western Forum, the Anschutz Corporation, Anschutz Properties, Inc., and Anschutz L.A. Venture, Inc.).

The trial court granted defendants’ motion for nonsuit at the beginning of trial. The trial court concluded, as a matter of law, that defendants were immune from liability under the primary assumption of risk defense. (Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ].) The trial court also awarded defendants costs of $12,870.

Plaintiff has appealed from the judgment and order awarding costs. For the reasons that follow, we affirm.

Plaintiff’s Factual Allegations

On April 18, 1999, plaintiff attended a Kings hockey game at the Forum. During the pregame warm-ups, several pucks were in play on the ice. Plaintiff had a fourth row, season ticket seat but could not see the ice because “there were…

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