Stimson v. Carlson

Opinion

REARDON, J

Appellant Michael R. Stimson appeals after summary judgment was granted in favor of respondent Thomas Carlson in Stimson’s action for negligence arising from injuries sustained in a sailboat accident. Stimson contends that (i) the doctrine of assumption of the risk does not bar his cause of action, and (2) even if the defense might bar recovery, a triable issue of fact exists precluding summary judgment. In June 1992, we affirmed the judgment in an unpublished opinion. Thereafter, our Supreme Court issued its decision in Knight v. Jewett (1992) 3 Cal.4th 296 [11 Cal.Rptr.2d…