Ibanez

BACKGROUND

Factual Background2

I. The Accident

On August 30, 2008, appellant visited Magic Mountain with some friends and family members. He was wearing a Los Angeles Dodgers cap he had received as a gift from an uncle who died shortly after giving it to appellant. Appellant rode several roller coasters, including one called the “Jet Stream.” His cap blew off while riding the Jet Stream. After getting off the ride, appellant

1 Magic Mountain, LLC, referred to as Magic Mountain, is the remaining defendant and respondent. 2 We set forth only the evidence pertinent to the issues raised on appeal.

2 spoke to a park employee about his hat and was told that he needed to wait until the park closed before anyone could look for it. Appellant knew that he could not stay until the park closed because his group of friends included children who needed to leave early. William Thurman, director of operations for Magic Mountain, testified that the park’s policy about lost items was to retrieve the items at the end of the day, unless the item was medication. The park generally did not shut down rides and retrieve lost items during the day because the process of shutting down the ride and…