Mammoth Mountain Ski Area v. Graham

In Mammoth Mountain Ski Area v. Graham (2006) 135 Cal.App.4th 1367, the defendant snowboarder was preparing to throw a snowball at his brother, a fellow snowboarder, when the defendant slammed into the plaintiff ski school instructor. The defendant moved for summary judgment on the ground that the plaintiff's personal injury claim was barred under the doctrine of assumption of risk because a collision with another skier is an inherent risk of the sport. The trial court granted the summary judgment motion but the appellate court reversed the judgment, finding that there was a triable question of fact as to whether the defendant's conduct was so reckless as to be totally outside the range of ordinary activity involved in the sport of snowboarding. (Id. at p. 1374.)