Legal Opinion

Truong v. Nguyen

California Court of Appeal

Decided November 5, 2007No. H029974PublishedCited by 21 opinions

1Opinion of the Court

Opinion

McADAMS, J.

In this appeal, we address the question whether the doctrine of primary assumption of risk bars a claim for the wrongful death of a passenger who tragically died as a result of a collision between the personal watercraft she was riding and another similar watercraft owned and operated by defendants. We are further invited to distinguish existing authority applying the doctrine to the use of personal watercraft by differentiating between “casual” use of such watercraft and “extreme” use. We conclude the doctrine applies to the claims of passengers on personal watercraft. We…

2Cases cited35 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Rowland v. ChristianCalifornia Supreme Court · 1968
  3. Guz v. Bechtel National, Inc.California Supreme Court · 2000
  4. Nga Li v. Yellow Cab Co.California Supreme Court · 1975
  5. Saelzler v. Advanced Group 400California Supreme Court · 2001

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3Cited by21 opinions

  1. Hahn v. Diaz-BarbaCalifornia Court of Appeal · 2011
  2. Amezcua v. Los Angeles Harley-Davidson, Inc.California Court of Appeal · 2011
  3. Stephens & Stephens XII, LLC v. Fireman's Fund InsuranceCalifornia Court of Appeal · 2014
  4. Kindrich v. Long Beach Yacht ClubCalifornia Court of Appeal · 2008
  5. Alaubali v. Rite Aid Corp.Court of Appeals for the Ninth Circuit · 2009

16 more not listed; retrieve them via the Exa API.

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