Mastro

This case involves the tort liability of a snowboarder who collided with a skier while both were descending a snow-covered mountainside (hereafter slope). The parties present two issues on appeal. First, are snowboarders and skiers using the same slope “coparticipants” in a sporting activity such that the doctrine of primary assumption of risk applies to bar appellant’s recovery? Second, if primary assumption of risk does apply, was respondent’s conduct “so reckless as to be totally outside the range of the ordinary activity involved in the sport” and therefore make summary judgment improper? (Knight v. Jewett (1992) 3 Cal.4th 296, 320 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ] (Knight).) We frame the assumption of risk issue slightly differently than presented by the parties, and conclude that under the doctrine of primary assumption of the risk a snowboarder owes no duty of care to a skier on the same slope and that, in this case, the evidence established that respondent’s conduct was not reckless.

Facts and Procedural History

On March 6, 1998, appellant Robert Mastro and respondent Steve Petrick were at Sierra Summit Ski Resort to ski and snowboard, respectively. Both were…