Ferrari

Ferrari v. Grand Canyon Dories

Good Law
1995 Cal. App. LEXIS 116·32 Cal. App. 4th 248·38 Cal. Rptr. 2d 65·95 Daily Journal DAR 1927·95 Cal. Daily Op. Serv. 1095
Court of Appeal of CaliforniaFebruary 10, 1995C017469California3,977 words

Opinion

Opinion

Puglia, J.

Plaintiff appeals from a judgment of dismissal following an order granting defendants’ motion for summary judgment. Plaintiff’s complaint seeks damages for injuries suffered when her head struck the metal frame of a raft during a commercial rafting trip sponsored and conducted by defendants. The trial court concluded plaintiff’s negligence claim is barred by the doctrine of primary assumption of risk and her product liability claim fails because defendants supplied a service, not a product. We shall affirm.

I

Plaintiff participated in a five-day commercial raft trip on the Colorado River sponsored and conducted by defendant Grand Canyon Dories, also known as GCD Raft Trips (hereafter GCD). Rubber rafts used on the trip were equipped with metal frames laid across the top of the gunwales and secured by straps. These frames are constmcted of metal tubing joined together in the shape of a rectangle which is covered by fabric to form a flat surface on which supplies and equipment may be secured. The frame is positioned in the center of the raft and extends across its entire width and over approximately half its length, leaving room at the front and rear of the raft for…

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