Rosencrans

Rosencrans v. Dover Images, Ltd.

Good Law
122 Cal. Rptr. 3d 22·192 Cal. App. 4th 1072·2011 Cal. App. LEXIS 177
Court of Appeal of CaliforniaFebruary 16, 2011No. E049899California6,362 words

Opinion

Lead Opinion

Miller, J.

*1076 Opinion

Plaintiffs and appellants Jerid and Amy Rosencrans (plaintiffs) sued defendant and respondent Dover Images, Ltd. (Dover), for (1) negligence; (2) negligent training and supervision; and (3) loss of consortium. The trial court granted Dover’s motion for summary judgment as to all of the causes of action. Plaintiffs contend that the trial court erred by granting summary judgment because they presented triable issues of fact. We affirm in part, and reverse in part.

FACTUAL AND PROCEDURAL HISTORY

A. Facts

Dover does business as Starwest Motocross, and operates a motocross track known as Starwest Motocross Track (the track). The track is located at the Lake Perris Fairgrounds in. Perris. On June 17, 2007, at the time of the incident in this case, the track’s length was 0.6 of a mile. Before entering the track facility, patrons were required to stop their cars at a booth that was staffed by a Starwest employee. At the booth, while the patron was in his or her car, the patron paid a fee and signed a release and waiver of liability.

Jerid Rosencrans (Jerid) 1 had been riding motorcycles since he was 14 years old; on June 17, 2007, Jerid was 38 years old. On June 17,…

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