Domenghini

Domenghini v. Evans

Good Law
1998 Cal. App. LEXIS 70·61 Cal. App. 4th 118·70 Cal. Rptr. 2d 917·98 Daily Journal DAR 1011·98 Cal. Daily Op. Serv. 810
Court of Appeal of CaliforniaJanuary 28, 1998B113169California1,317 words

Opinion

Opinion

Yegan, J.

— Dale Domenghini appeals from the judgment entered after the trial court granted respondents Gary Evans’s and Jane Evans’s (the Evanses) motion for summary judgment. Domenghini was injured during a cattle roundup, when a large calf that he and two other men were wrestling to the ground hit its head against Domenghini’s leg. The calf is owned by the Evanses. The trial court granted the Evanses’ motion for summary judgment after concluding that Domenghini’s action was barred by the doctrine of primary assumption of risk. We affirm.

Domenghini was injured in 1995 during a cattle roundup held on a ranch that is owned by his grandmother and mother. Domenghini helps to maintain the ranch and, since 1973, has run some cattle on it. The Evanses lease the right to run cattle on the ranch. Roundups are conducted annually, to brand, castrate, dehorn and vaccinate calves. Domenghini participated in the 1995 roundup because it involved his own cattle, as well as cattle belonging to the Evanses. He was not an employee of the Evanses, testifying instead that it “would be fair[]” to characterize the roundup as “a team effort[.]” Domenghini testified that he was at the roundup because…

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