Staten
Staten v. Superior Court
Opinion
Opinion
King, J.
In this case we apply Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ] to the sport of figure skating. We conclude that being cut by the blade of another skater during a group skating session is an inherent risk of the sport. The injured skater cannot recover for personal injuries under the doctrine of primary assumption of risk.
Petitioners are the various defendants in a personal injury action brought by real party in interest, plaintiff Marie Bafus, who was cut on the arm when she collided with another figure skater, petitioner Mary Staten. Petitioners moved for summary judgment on the ground that Knight barred real party’s recovery. The superior court denied the motion, and petitioners seek writ review. Having issued an order to show cause in lieu of an alternative writ and heard oral argument, we issue the peremptory writ of mandate to compel the superior court to grant summary judgment in petitioners’ favor.
I. Facts'
Real party in interest Marie Bafus is an experienced and accomplished amateur figure skater. She began skating when she was three or four years old and has skated competitively since the age of eleven. Bafus, who was 16 at…