Branco

Brandon Lee Branco (hereafter Branco) appeals from a summary judgment in favor of Kearny Moto Park, Inc. (hereafter KMP), Debbie Badders, Jerry Badders, the American Bicycle Association (hereafter ABA), and the City of San Diego (hereafter sometimes referred to collectively as defendants) arising from Branco’s complaint alleging, inter alia, that the negligent design of an expert caliber jump at KMP’s bicycle motocross (BMX) course caused him to suffer injury. Premised on the duty of a sponsor of a sports activity not to increase the risks inherent in a sport, we hold there is a triable issue of fact whether KMP’s jump was negligently designed. Accordingly, we reverse the summary judgment.

Factual and Procedural Background

On May 19,1991,17-year-old Branco, while racing his bicycle on KMP’s BMX course, was injured when his bicycle crashed and struck the side wall of the landing area of an expert caliber jump.

KMP is a nonprofit, mutual benefit corporation, and (according to a declaration submitted by one of KMP’s officers) its officers, who design and operate the moto park, serve on a volunteer basis. KMP’s promotional literature indicates that riders race according to…