Gordon

Gordon v. Havasu Palms, Inc.

Good Law
112 Cal. Rptr. 2d 816·2001 Cal. App. LEXIS 835·2001 Daily Journal DAR 11437·93 Cal. App. 4th 244·1 Cal. Daily Op. Serv. 9160
Court of Appeal of CaliforniaOctober 24, 2001No. G022599California4,667 words

Opinion

Lead Opinion

Leary, J.

Stacy Gordon appeals from a judgment entered in favor of Havasu Palms, Inc. (Havasu), after the trial court granted Havasu’s motion for summary judgment. Gordon argues the trial court erroneously granted summary judgment because there was a triable issue of material fact regarding (1) whether the assumption of risk defense was applicable because Havasu failed to properly design and maintain its airstrip; and (2) whether the conditions at Havasu caused or contributed to his airplane crash. We agree and reverse.

I

Gordon purchased a Piper Arrow airplane. A week later, he decided to fly to Lake Havasu to work on his boat, which he stored there, and to meet his niece and her husband for lunch. Melvin Gomez, Gordon’s friend, found out Gordon was flying to Lake Havasu and asked if he could join him. Gordon agreed, and they decided they would fly to Las Vegas and the next morning fly to Havasu, a privately owned mobilehome park with an airstrip. 1 Gordon had never flown to Havasu or done anything to determine the airstrip’s conditions, but he had seen the airstrip from a distance.

*248 Gordon and Gomez flew from John Wayne airport to Las Vegas and spent the night. The next…

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