Westlye

Plaintiff Brad C. Westlye fell while snow skiing and was injured, allegedly due to defective ski equipment rented from defendant Klein’s Ski Shop (Klein’s) and distributed by defendants Look Sports, Inc., Look U.S.A., Inc., and Nórdica U.S.A., Inc. (the distributor defendants). Plaintiff filed suit alleging claims of strict products liability, negligence, breach of warranty, breach of contract, misrepresentation, and fraudulent concealment. The trial court granted defendants’ motion for summary adjudication on all causes of action except fraudulent concealment, concluding that the claims were barred by a written agreement in which plaintiff accepted the equipment “as is” and expressly assumed the risk of injury. Following trial on the fraudulent concealment claim, plaintiff appeals from the judgment, challenging only the trial court’s determination of the summary adjudication motion. We will conclude, among other things, that the written agreement does not bar plaintiff s recovery under a theory of strict products liability in tort. We shall therefore reverse the judgment.

Factual and Procedural Background

Plaintiff was injured when he fell while skiing at Sugar Bowl…