Branco v. Kearny Moto Park, Inc

In Branco v. Kearny Moto Park, Inc. (1995) 37 Cal.App.4th 184, participants on bicycles raced around a motocross (BMX) course which contained "jumps" as part of the course. The plaintiff was injured when he crashed and struck the side wall of the landing area of what is described as "an expert caliber jump." (Branco v. Kearny Moto Park, Inc., supra, 37 Cal.App.4th at p. 187.) He filed suit and the defendants asserted primary assumption of the risk. The trial court granted summary judgment for defendants but the Court of Appeal reversed. "It is not unreasonable to expect a BMX course to refrain from utilizing jumps which by design create an extreme risk of injury. Certainly the jumps, and falls, are inherent to the sport, and under the doctrine of primary assumption of risk, there is no duty to eliminate the jumps entirely, and no duty to protect from injury arising from reasonably designed jumps. However, the sport does not inherently require jumps which are designed in such a way as to create an extreme risk of injury. Accordingly, premised on the duty not to utilize dangerously designed jumps, this case falls under the secondary assumption of risk category, and issues pertaining to the plaintiff's comparative fault are for the trier of fact to decide. The plaintiff's expert's opinions regarding the design of the jump create a triable issue of material fact whether the million dollar jump was designed in such a way as to create an extreme risk of injury." (Branco v. Kearny Moto Park, Inc., supra, 37 Cal.App.4th at p. 193.)