Fortier

Fortier v. Los Rios Community College District

Good Law
1996 Cal. App. LEXIS 441·45 Cal. App. 4th 430·52 Cal. Rptr. 2d 812·96 Daily Journal DAR 5515·96 Cal. Daily Op. Serv. 3401
Court of Appeal of CaliforniaMay 10, 1996C020613California3,588 words

Opinion

Opinion

Puglia, J.

Plaintiff James Fortier appeals from a judgment of dismissal following the granting of summary judgment in favor of Los Rios Community College District and one of its constituent institutions, American River College (defendants). Plaintiff seeks damages for injuries suffered when he collided with another player during a football practice drill. The trial court concluded plaintiff’s negligence claim is barred by the doctrine of primary assumption of the risk.

As we explain, defendants owed plaintiff a duty not to increase the dangers inherent in the sport of football. In granting summary judgment, the trial court found uncontradicted evidence that plaintiff’s injury resulted from a risk inherent in the sport of football, thus obviating the possibility any increase by defendants in inherent risks could have been a causative factor. We agree and shall affirm the judgment of dismissal.

Plaintiff, along with 50-60 other students, enrolled in an “advanced football” class at American River College (ARC) in the summer of 1993. The instructors were ARC head football coach Larry Ghilardi and his assistant coaches. According to the course syllabus, the objectives of the course…

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