Flores

BACKGROUND

Flores’s Complaint On March 10, 2014, Flores filed a first amended complaint against Skydive alleging seven causes of action for intentional tort, negligence, gross negligence, product liability, res ipsa loquitur, premises liability, and negligent undertaking. The factual allegations in Flores’s complaint were as follows: On August 8, 2012, Flores rented a parachute from Skydive. Prior to Flores’s rental, Skydive had

1 Unspecified statutory references are to the Code of Civil Procedure. 2 On July 13, 2015, we ordered that these two appeals (H042071 & H041550) be considered together for the purposes of oral argument and disposition.

2 intentionally altered and modified the parachute. Suspension lines that were attached between the riser and the main parachute were broken and dangling, the parachute container and shoulder/back harness showed signs of wear and tear beyond serviceable limits, at least two suspension lines were broken and had been tied (knotted) back together, and a Velcro strap was beyond serviceable limits. These alterations and modifications prevented the parachute’s left-side slider from deploying into its proper position. Flores wore the parachute…