Rosencrans v. Dover Images, Ltd

In Rosencrans v. Dover Images, Ltd. (2011) 192 Cal.App.4th 1072, where the court concluded there was a question of fact regarding gross negligence, the showing was similar to the showing in the instant case. In that case, a motorcyclist was injured during motocross practice. (Rosencrans, supra, 192 Cal.App.4th at pp. 1077, 1083.) The plaintiffs presented two pieces of evidence in opposition to the defendant's summary judgment motion, indicating that there was an industry standard to provide caution flaggers on motocross tracks: (1) the "'Brett Downey Safety Foundation Instructional Manual for Caution Flaggers,'" which provided that caution flaggers should be at their stations at all times while motorcyclists are on the course (id. at p. 1086) and (2) a motocross safety expert's declaration that "the common practice for motocross tracks is to have caution flaggers at their assigned posts at all times ..." (ibid.) The court held that because "it is standard practice in the industry to have caution flaggers on their platforms at all times ... ," the defendant's failure to provide a caution flagger raised a triable issue of material fact on the question of gross negligence. (Id. at pp. 1081, 1086-1087.)