Howard v. Mission Soaring, LLC CA6
After plaintiff Scott Howard was injured while hang gliding, he brought an action for negligence against Mission Soaring, LLC (Mission Soaring), Patrick Denevan, and Harold Johnson (collectively, defendants) for injuries sustained in a hang gliding crash. Denevan, the owner of Mission Soaring, conducted plaintiff’s initial orientation. Johnson was an instructor at Mission Soaring and instructed plaintiff on the day of the crash. The trial court granted defendants’ motion for summary judgment and entered judgment in their favor. On appeal, plaintiff contends that the trial court erred in granting summary judgment. We agree that triable issues of material fact remain unresolved and that plaintiff successfully rebutted defendants’ assertion of express and primary assumption of risk. Accordingly, we reverse the judgment.
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