Luna v. Vela

Opinion

PERLUSS, P. J.

Fabian Luna, through his guardian ad litem, appeals from the judgment entered after the trial court granted summary judgment in favor of Edilberto Vela in Luna’s action for personal injuries suffered when Luna tripped over a net line and fractured his elbow while participating in a recreational volleyball game in Vela’s front yard. Luna contends the trial court improperly applied the doctrine of primary assumption of the risk to bar his recovery. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Accident

Thirteen-year-old Luna was invited to join Vela’s summer evening…