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Sonia Camargo Leg 255 1.

Citation – Knight v. Jewett 3 Cal. App. 4th 1022, 275 Cal. Rptr. 292 (1990)

2.

Fact & Procedural Summary – Knight (Plaintiff) brought a suit against Jewett (Defendant) for negligence .Event in question occurred on Jan 25,1987 at the home of Ed McDaniel’s observing the Super Bowl game, Knight and several others including Jewett decided to play a game of touch football during half time. Before the game no rules were written down or discussed. The defendant ran into the plaintiff after catching a pass knocking her down and stepping on the plaintiff’s hand. Defendant moved for a summary judgement, his argument was Plaintiff took the responsibility upon herself by participating in the game. Trial court granted the summary judgement and on appeal the summary judgement was withheld. In favor of the Defendant.

3.

Issue – Was the defendant in breach of a owed duty to the plaintiff though she voluntary joined a group of men and women to play a game of touch football.

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Holding - Court held that when she ( the Plaintiff) voluntarily played the game the Plaintiff Knight assumed a risk of physical contacts within the ordinary parameters of a game such as football and dangers inherent in such contacts. A showing of abuse is absent.

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Rule of Law It is fundamental that a plaintiff in a negligence action can prevail only if he or she establishes the defendant owed the plaintiff a duty to use reasonable care and breached that duty. (6 Wilkin, Summary of Cal. Law (9th ed. 1988) Torts, § 732, p. 60.) The doctrine of assumption of the risk is "another way of stating that the defendant's duty of care has been reduced in proportion to the hazards attendant to the event.

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Reasoning or Analysis The doctrine of assumption of the risk is "another way of stating that the defendant's duty of care has been reduced in proportion to the hazards attendant to the event. Where no duty of care is owed with respect to a particular mishap, there can be no breach; consequently, as a matter of law, a personal injury plaintiff who has voluntarily--and reasonably--assumed the risk cannot prevail.".

7.

Disposition - Trial court granted the summary judgement in favor of defendant. Judgement will not be disturbed on appeal....