Robison

This case concerns an accident which occurred when an out-of-control car left the parking area at the Magic Mountain amusement park, entered a picnic area, and struck a picnic bench. One category of appellants is a group of plaintiffs who were picnicking at the picnic bench. In a second category is the employer of a seriously injured plaintiff. The employer intervened to recover the extensive medical costs it paid on behalf of its employee. Respondent (hereafter Magic Mountain) is the owner of the amusement park.

Magic Mountain obtained summary judgment on the theory that Magic Mountain had no duty to protect plaintiffs from such an accident because the accident was unforeseeable, primarily because no similar incident had previously occurred. However, even though no similar incident had previously occurred, the danger was apparent in view of the configuration of the parking lot and picnic area. Magic Mountain thus had a duty to take reasonable measures to protect plaintiffs against such an accident notwithstanding the absence of prior similar incidents. The record could support a finding that Magic Mountain failed to take reasonable protective measures, and the summary…