Foltz

Foltz v. Johnson

Good Law
16 Cal. App. 5th 647·2017 Cal. App. LEXIS 931·224 Cal. Rptr. 3d 506
Court of Appeal of CaliforniaOctober 25, 2017B277995California6,228 words

Opinion

lead Opinion

Willhite, J.

*650 Plaintiff and appellant Kimberly Foltz suffered a paralyzing spinal injury after being thrown from her dirt bike during a ride with her then fiancé, defendant and respondent Darryl Johnson. Foltz filed an action alleging negligence against Johnson. Johnson successfully moved for summary adjudication on the basis of primary assumption of risk. Foltz concedes that primary assumption of risk applies here, but argues there are triable issues of material fact whether Johnson's conduct increased the risks inherent in off-road dirt bike riding, or engaged in reckless conduct outside *509 the range of activities generally involved in dirt bike riding. We affirm.

BACKGROUND

The material facts surrounding the accident itself are largely undisputed: On September 4, 2011, Foltz and Johnson, were each riding their dirt bikes at the Dove Springs Off-Highway Vehicles Area (Dove Springs) in the Mojave Desert, when Foltz lost control of her dirt bike while riding down a steep sand dune. Her bike struck a rock, Foltz was thrown off and she sustained severe spinal injuries as a result.

Foltz's Experience with Riding Off-Road Dirt-Biking

Foltz and Johnson met in September 2010 and were…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.