Tan

In this case, we apply Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d, 834 P.2d 696] and conclude that the trial court erred in granting summary judgment against appellant on the now rejected doctrine of implied reasonable assumption of the risk.

Factual and Procedural Summary

Since this case reaches us after a full grant of summary judgment against the appellant, we review the moving and opposing papers to determine whether respondent had succeeded in negating at least one essential element in each of appellant’s causes of action, or otherwise had established an entitlement to judgment as a matter of law. In doing so, we follow the familiar rule that respondent’s declarations are strictly construed, and those of appellant liberally construed, to the end that “doubts as to the propriety of granting the motion- must be resolved in favor of the party opposing the motion.” (Miller v. Bechtel Corp. (1983) 33 Cal.3d 868, 874 [ 191 Cal.Rptr. 619 , 663 P.2d 177 ]; Stationers Corp. v. Dun & Bradstreet, Inc. (1965) 62 Cal.2d 412, 417 [ 42 Cal.Rptr. 449 , 398 P.2d 785 ].)

In fact, however, there is little material dispute about the underlying facts; the issues before the…