Ordway v. Superior Court

Opinion

CROSBY, J.

Does reasonable implied assumption of risk remain a viable defense after the adoption of comparative fault? We hold it does.

I

Judy Casella, a veteran jockey who had ridden in 500 professional horse races without incident, was thrown from her mount and further injured when the equine fell and rolled over her during a quarterhorse race at Los Alamitos Race Course on January 3, 1983. The tragic chain of events began when Over Shadow, owned by petitioner Homer Ordway, tangled with another steed, Speedy Ball, who then stumbled in front of Casella’s horse. The California Horse…