Amezcua

Amezcua v. Los Angeles Harley-Davidson, Inc.

Good Law
132 Cal. Rptr. 3d 567·200 Cal. App. 4th 217·2011 Cal. App. LEXIS 1340
Court of Appeal of CaliforniaOctober 27, 2011No. B224748California7,406 words

Opinion

Lead Opinion

Rubin, J.

Plaintiffs and appellants Robert and Nancy Amezcua (individually Robert and Nancy, collectively the Amezcuas) appeal from the summary judgment entered against them and in favor of defendant and respondent Los Angeles Harley-Davidson, Inc. (Harley-Davidson). The Amezcuas sued Harley-Davidson for damages arising out of injuries they suffered in a collision which occurred while they were riding in the 2006 “Pursuit for Kids Toy Drive,” a group motorcycle ride organized annually by Harley-Davidson (the 2006 Toy Ride). Appellants contend (1) Harley-Davidson owed a duty of care to the participants in the 2006 Toy Ride; (2) Harley-Davidson is liable under the “peculiar risk” doctrine; (3) Harley-Davidson is jointly liable with the Los Angeles County Police Department; (4) assumption of risk does not apply; (5) the waiver agreement is unenforceable; and (6) Harley-Davidson’s gross negligence rendered the release agreement unenforceable. We affirm.

FACTS

The material facts of the accident itself are undisputed. The 2006 Toy Ride took place on November 26, 2006. Participants could preregister or they could register immediately before the ride at the Harley-Davidson dealership…

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