Ibanez

BACKGROUND

Carlos Ibanez suffered traumatic brain injury, among other injuries, at the Six Flags Magic Mountain amusement park on August 30, 2008, when he was hit by a roller coaster (which was called the “Ninja”) as he was walking in the area in which the Ninja was operating.1 Ibanez, through his guardian ad litem, filed a lawsuit against Six Flags Theme Parks, Inc., Six Flags Operations, Inc., and Six Flags Magic Mountain (collectively, Six Flags), alleging claims for negligence, premises liability, strict liability, and negligence per se. The complaint was amended several times, including amendments to add the S&S defendants and Arrow Dynamics as defendants. The operative seconded amended complaint alleges five claims against all defendants, for negligence, premises liability, strict liability, common carrier liability, and negligence per se. This appeal involves only the negligence and strict liability claims against the S&S defendants.

1 Although there is no evidence in the record about the circumstances surrounding the accident, the brief Ibanez filed in opposition to the S&S defendants‟ demurrer to the second amended complaint states that Ibanez had stepped through a gap…