Bushnell v. Japanese-American Religious & Cultural Center

I respectfully dissent. The majority concludes that summary judgment was properly entered because this case involves primary implied assumption of risk. (Maj. opn., ante, pp. 534-535.) In my view, this case involves secondary implied assumption of risk and, accordingly, is governed by principles of comparative fault. Since the trier of fact must determine the relative responsibility of plaintiff Gary Bushnell and defendant’s agent Daniel Tamori, summary judgment should not have been granted.

In Knight v. Jewett (1992) 3 Cal.4th 296 [11 Cal.Rptr.2d 2, 834 P.2d 696], the Supreme Court considered…