Gomez

The estate of a passenger who died as a result of injuries allegedly sustained while riding on the Indiana Jones attraction at Disneyland brought causes of action based upon Civil Code section 2100, which requires a “carrier of persons for reward” to “use the utmost care and diligence” for the safety of its passengers, and Civil Code section 2101, which imposes a duty upon such a carrier to provide “vehicles” that are “safe and fit for the purposes to which they are put.” The superior court sustained a demurrer to these causes of action, reasoning that the operator of an amusement park ride cannot be a carrier of persons, but the Court of Appeal reversed.

For the reasons that follow, we agree with the Court of Appeal and conclude that the operator of a roller coaster or similar amusement park ride can be a carrier of persons for reward within the meaning of Civil Code sections 2100 and 2101.

Facts and Procedural History

On September 3, 2002, the estate of Cristina Moreno and her heirs filed a second amended complaint for wrongful death and damages against The Walt Disney Company and related defendants (hereafter Disney) alleging that Moreno suffered a brain injury and…

Dissenting.—I disagree with the majority’s holding that the Walt Disney Company (Disney), in operating the Indiana Jones ride at Disneyland, constitutes a “carrier of persons for reward” within the meaning Civil Code sections 2100 and 2101. 1 When the Legislature passed these statutes in 1872, it almost certainly did not intend that they would be applied to the kind of amusement park thrill ride at issue here, and the majority notably does not assert otherwise. Under our rules of statutory interpretation, this should be the controlling factor in deciding the question at issue here.

It is therefore surprising that the majority, in reaching its conclusion, makes no effort to determine the Legislature’s intent and fails even to identify this as a relevant consideration. Instead, the majority bases its conclusion solely on the purportedly “expansive definition” of the statutory language (maj. opn., ante, at p. 1131) that California courts have adopted in what the majority asserts is “an unbroken line of authority” involving “recreational rides” since the statutes were passed. (Id. at p. 1132.) As I demonstrate below, the cases the majority cites do not compel the conclusion the…

Snell & Wilmer, Richard A. Derevan and Janet L. Hickson, Irvine, for Real Parties in Interest.

Gibson, Dunn & Crutcher, Scott A. Edelman and Christopher Chorba, Los Angeles, for California Attractions and Parks Association and International Association of Amusement Parks & Attractions as Amici Curiae on behalf of Real Parties in Interest.

Miles & Stockbridge, R. Wayne Pierce; Gordon & Rees and Stephen T. Waimey, Newport Beach, for Outdoor Amusement Business Association, Inc., World Waterpark Association, Inc., American Karting & Park Association, Inc., American Specialty Companies, Inc, Six Flags, Inc., International Amusement & Leisure Entertainment Industries, Inc., Western Fairs Association, California Fairs Alliance, California Fair Services Authority and Paradise Island Amusement Park as Amici Curiae on behalf of Real Parties in Interest.

MORENO, J.

The estate of a passenger who died as a result of injuries allegedly sustained while riding on the Indiana Jones attraction at Disneyland brought causes of action based upon Civil Code section 2100, which requires a "carrier of persons for reward" to "use the utmost care and diligence" for the safety of its passengers, and…