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In Huff v. Wilkins (2006) 138 Cal.App.4th 732 [41 Cal.Rptr.3d 754] plaintiff was injured when the all terrain vehicle (ATV) he was riding on public land collided with an ATV being operated by the 14-year-old defendant without adult supervision.  Plaintiff sued the boy and his father for negligence, alleging that they violated a Vehicle Code provision that prohibits anyone under 18 years of age from operating an ATV on public land without adult supervision or completion of a safety training course.  The Imperial County Superior Court granted summary judgment for defendants citing Distefano v. Forester (2001) 85 Cal.App.4th 1249 [102 Cal.Rptr.2d 813], which found collision to be an inherent risk of off-roading and applied primary assumption of the risk as adopted by the California Supreme Court in Knight v. Jewett (1992) 3 Cal.4th 296 [834 P.2d 696].  On appeal, the Fourth District reversed, finding that violation of the safety regulation could have increased the inherent risks of the sport, and remanded the matter for a hearing by the trial court to determine whether it did.

 

 

 

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Personal Injury News
Tue, 29 Apr 2008 10:36:26 -0700: Poway man, 53, identified as victim of bike crash
A 39 year old motorist was arrested yesterday on suspicion of a hit and run crash in the community of Southcrest.
Tue, 29 Apr 2008 11:05:00 -0700: Military truck hits car, injuring young driver
Military truck collides and seriously injures an 18 year old driver in an accident in Kearny Mesa.
Tue, 29 Apr 2008 12:36:16 -0700: Taxi driver is trapped after cab, trolley collide
A trolley and a cab collide in downtown San Diego. The cab driver was taken to the hospital with life-threatening injuries.
Tue, 29 Apr 2008 14:33:13 -0700: Two Year Old Struck and Killed by Car
Driver accidentally runs over young boy in Carlsbad.
Tue, 29 Apr 2008 15:43:34 -0700: Motorcyclist Dies After Read Ending Car
A woman driving a Harley Davidson rear ends a BMW and dies of major head injuries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





 

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    The attorneys at Estey and Bomberger serves the following San Diego locations: Alpine, Bonita, Camp Pendleton,
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