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SOUZA, v. SQUAW VALLEY

SOUZA, v. SQUAW VALLEY
04:11:2006

SOUZA, v. SQUAW VALLEY


Filed 4/5/06


CERTIFIED FOR PUBLICATION





COPY


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA




THIRD APPELLATE DISTRICT




(Placer)


----








TATUM SOUZA, A Minor, etc.,


Plaintiff and Appellant,


v.


SQUAW VALLEY SKI CORPORATION et al.,


Defendants and Respondents.



C049329



(Super. Ct. No. SCV15892)





APPEAL from a judgment of the Superior Court of Placer County, Joseph W. O'Flaherty, Judge. Affirmed.


Bradley Paul Elley for Plaintiff and Appellant.


Hancock Rothert & Bunshoft, Duane Morris, LLP, John E. Fagan, Paul J. Killion, Jill Haley Penwarden and Michael J. Reitzell for Defendants and Respondents.


In this negligence and strict products liability action, a child skier collided with a plainly visible, aluminum snowmaking hydrant located on a ski run. The trial court granted summary judgment to the ski resort and the hydrant distributor, deeming the collision an inherent risk of skiing under the primary assumption of risk doctrine and finding no basis for the products liability claim. We affirm. The pertinent facts will be set forth in the discussion that follows.


Discussion


1. Standard of Review


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Description A decision regarding negligence and strict products liability action, a child skier collided with a plainly visible, aluminum snowmaking hydrant located on a ski run.
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