Record reason 6
" " willingly participated in water tubing/skiing with towing him on Castaic Lake" " assumed the risks inherent to water tubing/skiing including injury from falling off the innertube" " operated his ski boat at the time of the subject incident in a manner inherent to the sport of water tubing/skiing and within the safety guidelines of the sport of water tubing/skiing" "here was no action or factor attributed to which falls outside the range of the ordinary activities involved in the sport of water tubing/skiing which caused and/or contributed to fall which is the subject of this lawsuit" " did not consumed any alcoholic beverages or any other substance which would have impaired his ability to safely operate his ski boat on June 18, 1994" and " had fallen off the innertube twice, without incident, prior to the fall which is the subject of this lawsuit." In his moving papers, respondent sought to establish the following facts: " had preexisting injuries involving the same part of the body claims were injured in this instant incident.
![record reason 6 record reason 6](https://images-na.ssl-images-amazon.com/images/I/51hStNicQ8L.jpg)
Respondent moved for summary judgment in January of 1997. while negligently operating the ski boat on Castaic Lake, swung the who was being towed on an inner tube supplied by, causing great velocity and a whipping sensation, thereby resulting in the hereinafter stated injuries." The complaint further alleged that "as a direct and proximate result of the negligence, carelessness, recklessness and unlawful conduct of the Defendants, and each of them," appellant was injured and suffered medical expenses. In April of 1995, appellant filed a complaint for personal injuries. He sustained a spinal injury requiring surgery and continues to suffer from head, neck, and back pain. As respondent was turning the boat to the left, appellant spilled from the tube. Lynch and Perron were seated in the back of the boat acting as "spotters" to watch appellant and, if he fell off the tube, to notify respondent and raise a red flag to inform other boaters that someone was in the water. During that afternoon, appellant began a tube ride while respondent was driving.
![record reason 6 record reason 6](https://sites.williams.edu/mus210/files/2013/10/record-enable.jpg)
On June 18, 1994, appellant accompanied respondent Brian Reason, Patrick Lynch, and Robbi Perron for a day of waterskiing and "tubing"-riding an inner tube towed by a motor boat-at Castaic Lake, using a tube owned by respondent and a motor boat jointly owned by respondent, Lynch, and Brian Heberling who was not present. At the same time, the court denied appellant permission to amend the complaint to assert a cause of action for reckless or intentional behavior.
#RECORD REASON 6 TRIAL#
The trial court concluded that appellant's claim was subject to primary assumption of risk and granted summary judgment in favor of respondent.
![record reason 6 record reason 6](https://blog.landr.com/wp-content/uploads/2021/07/Music-Demo.jpg)
Casebier and Elizabeth Skorcz Anthony for Defendant and Respondent.Īppellant Michael Guy Record was injured falling off an inner tube while being towed behind a motor boat driven by respondent Brian Reason.
![record reason 6 record reason 6](https://s3.amazonaws.com/media.cph.org/images/product/xxl/241232.jpg)
Smith Early, Maslach, Price & Baukol, Kenneth A. Weilbacher & Weilbacher and William John Weilbacher, Jr., for Plaintiff and Appellant. (Opinion by Curry, J., with Hastings, J., concurring. (Superior Court of Los Angeles County, No. MICHAEL GUY RECORD, Plaintiff and Appellant, v.