Graham

While snowboarding down a slope at Mammoth Mountain Ski Area (Mammoth), 17-year-old David Graham was engaged in a snowball fight with his 14-year-old brother. As he was “preparing to throw a snowball” at his brother, David slammed into Liam Madigan, who was working as a ski school instructor for Mammoth. As a result of the collision, Madigan sustained injuries for which Mammoth had to provide workers’ compensation benefits.

Madigan sued David and his parents, Geoffrey and Laura, for personal injury, alleging David was engaged in reckless and dangerous behavior and his parents encouraged his behavior. Mammoth sued David and Geoffrey for recovery of workers’ compensation benefits it was obligated to pay Madigan.

David, Geoffrey, and Laura filed a motion for summary judgment alleging Madigan’s and Mammoth’s claims were barred under the doctrine of primary assumption of risk. The trial court granted the motion and entered judgment in favor of defendants. Plaintiffs appeal.

We reverse the judgment because there is a triable issue of fact whether David’s conduct was so reckless as to be totally outside the range of ordinary activity involved in the sport of…