Fortier v. Los Rios Community College Dist

In Fortier v. Los Rios Community College Dist. (1996) 45 Cal.App.4th 430, the Third Appellate District affirmed a summary judgment entered in favor of a community college district that conducted an "advanced football" training class. The defendant was sued for negligence by a young man who was injured in a collision with another player while the plaintiff was attempting to catch, and the other player was attempting to intercept, a pass during a noncontact passing drill. (Ibid.) The Court of Appeal found that the doctrine of primary assumption of risk applied because the injury resulted from a risk inherent in football, and the defendant did nothing to increase that risk. In addition, the court read Tan and Galardi as standing "for the proposition that when an instructor acts so as to increase the risk of harm inherent in a particular sport, the instructor may not thereafter rely on primary assumption of the risk." (Id. at pp. 434-436.)