Vine v. Bear Valley Ski Co.

POLLAK, J., Concurring and Dissenting.

I agree with the analysis of the majority as to all issues except the conclusion that the judgment should be reversed because of the trial court’s failure to give an unrequested instruction as to secondary assumption of the risk. Before turning to that issue, however, I wish to expand somewhat on the reasons for which I concur in the conclusion that plaintiff Charlene Vine’s claim does not come within the scope of the Workers’ Compensation Act (the Act), Labor Code section 3200 et. seq.1

Plaintiff’s injury is not covered by workers’ compensation.

“The right…