Los Angeles Office Prevails on a Motion for Summary Judgment based on Waiver, Release, and Primary Assumption of the Risk Doctrine

February 19, 2021

Shareholder Angela Kim, Esq. successfully prevailed on a Motion for Summary Judgment on a fall accident where plaintiff was a contestant on a game show obstacle course.  Our clients were five defendants – Network, Producer and Production Companies.  The Court found that we as the moving defendants met our burden on Summary Judgment by showing that plaintiff failed to present evidence that she had any viable cause of action against the defendants per Code of Civil Procedure section 437c.  The Motion for Summary Judgment was granted based on the voluntary execution of a waiver and release, the primary assumption of the risk doctrine and failure to provide any admissible evidence which would establish negligent misrepresentation and causation.  Under these circumstances and relevant case law set forth in our Motion, the Court found that there was insufficient evidence to support an inference that the defendants breached any duty of care.  The Court found that plaintiff failed to raise a triable issue of material fact and granted the Motion for Summary Judgment and awarded all costs to our clients as the moving defendants, thus eliminating a potentially significant exposure to our clients.

Ms. Kim is part of the Firm’s Los Angeles office.  She can be contacted by email at akim@ericksenarbuthnot.com and by telephone at (213) 489-4411.