Marshall v. USC
In her action for damages for personal injuries she sustained while providing occupational therapy during the clinical portion of her post graduate course, plaintiff Jennifer Marshall appeals from the summary judgment entered in favor of defendant, the University of Southern California (USC). Plaintiffs duties as an occupational therapist included helping young, active children climb, swing, and glide on gym equipment. Plaintiffs training at USC in sensory integration therapy enabled her to perform these activities. Inherent in her profession was the risk that a child would jump or fall from such equipment and injure someone. We conclude, as a matter of law, that plaintiff assumed the risk of her injuries by participating in the clinical portion of her occupational therapy course, and no triable issue of material fact exists that USC did not increase the risk of harm to plaintiff. Accordingly, Court affirm the judgment.
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