Distefano v. Forester

Opinion

NARES, J.

Introduction

In April 1998, plaintiff and appellant Greg Distefano (Distefano) and defendant and respondent John Glenn Forester (Forester) were both engaged in the sport of “off-roading.” Distefano was riding his motorcycle on a dirt trail, approaching the crest of a small blind hill. At the same time, Forester was ascending the other side of the same blind hill in a dune buggy. Neither Distefano nor Forester could see the other approaching the top of the hill. Forester’s dune buggy collided head-on with Distefano’s motorcycle, and Distefano suffered serious injuries.

Distefano…