Solis v. Kirkwood Resort Co

In Solis v. Kirkwood Resort Co. (2001) 94 Cal.App.4th 354, the plaintiff was injured when he skied onto a run that had been turned into a race course with jumps. The plaintiff alleged the run was not properly marked as a race course and, therefore, the defendant ski resort operator had improperly increased the risks. The defendant disputed the assertion the course was not properly marked, but argued that even if it was not marked, the plaintiff assumed this risk. (Id. at p. 365.) The court disagreed, reversing summary judgment and concluding that whether the defendant breached its duty not to increase the risks of the sport was "for the jury to decide." (Id. at p. 366.)