Rodrigo

Rodrigo v. Koryo Martial Arts

Good Law
100 Cal. App. 4th 946·122 Cal. Rptr. 2d 832·2002 Cal. App. LEXIS 4462·2002 Daily Journal DAR 8654·2002 Cal. Daily Op. Serv. 6923
Court of Appeal of CaliforniaJuly 31, 2002A096513California6,347 words

Opinion

Opinion

McGUINESS, J.

Roxane Rodrigo (appellant) was injured while participating in a tae kwon do class conducted by Koryo Martial Arts (respondent) in San Bruno. Appellant sued respondent on a negligence theory, alleging that her injury resulted from “insufficient supervision and control when she was kicked by a student.” Respondent moved for summary judgment, based on the theory that it owed no duty of care to appellant under the doctrine of primary assumption of risk set forth in Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ] (Knight). The trial court granted the motion and entered judgment in respondent’s favor. This appeal ensued.

As set forth in detail in part III., post, we conclude that an instructor’s duty to a student under the doctrine of primary assumption of risk is limited to acting in a fashion that does not increase the risks inherent in learning a sport. Applying that standard to the undisputed facts in the case before us, we find that respondent did nothing to increase the risks associated with learning tae kwon do. Thus, the doctrine of primary assumption of risk applies and bars any potential recovery by appellant. Accordingly, we affirm.

I.…

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