Lackner

Lackner v. North

Good Law

135 Cal. App. 4th 1188·2006 Cal. App. LEXIS 67·2006 Daily Journal DAR 950·37 Cal. Rptr. 3d 863·15 A.L.R. 6th 773

Court of Appeal of CaliforniaJanuary 24, 2006No. C047061California10,090 words

Opinion

lead Opinion

Blease, J.

*1193 Opinion

Plaintiff Teri Lackner (Lackner) appeals from the summary judgment entered in favor of defendants Cassidy Bodine North (North), a member of the Chico High School Ski and Snowboard Team, Darryl Bender (Bender) who was North’s coach, Chico Unified School District (Chico), Oroville Union High School District (Oroville), and Mammoth Mountain Ski Area (Mammoth).

Lackner brought this action to recover for personal injuries sustained at Mammoth while she was standing in a largely deserted area at the base of an advance run used by skiers and snowboarders to stop and rest. As Lackner was conversing with her husband, North, who had just sped down the run on his snowboard, headed directly towards her at a high rate of speed and crashed into her, causing her severe injuries.

The trial court granted defendants summary judgment finding, inter alia, that primary assumption of the risk bars their liability to plaintiff and that punitive damages are not recoverable against North.

On appeal, Lackner contends the trial court erred by granting North’s motion for joinder, summary judgment, and summary adjudication because his motions were untimely and triable issues of fact remain…

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Parties

TERI LACKNER, and
Plaintiff
CASSIDY BODINE NORTH, and
Defendant

Judges

Blease

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