TOWNS v. DAVIDSON
Filed
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF
THIRD APPELLATE DISTRICT
(Mono)
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KAREN J. TOWNS, Plaintiff and Appellant, v. HERBERT J. DAVIDSON et al., Defendants and Respondents. | C050829 (Super. Ct. No. 14954) |
APPEAL from a judgment of the Superior Court of Mono County, Edward Forstenzer, J. Affirmed.
Kelegian White & Reed and Michael R. White; Stewart Humpherys Burchett & Molin, Richard J. Molin and Edward V. Rizzuto for Plaintiff and Appellant.
Lauria Tokunaga Gates & Linn and Mark D. Tokunaga for Defendant and Respondent.
The trial court granted the defendants' motion for summary judgment, concluding the doctrine of primary assumption of risk barred plaintiff from recovering damages for injuries she suffered when a ski resort employee collided with her while both were skiing. We affirm.
FACTS
In March 2002, defendant Herbert J. Davidson (Davidson) was employed by defendant Mammoth Mountain Ski Area (Mammoth) as a ski host manager. Part of his job duties included skiing the slopes, checking with other ski hosts on the hill, and talking to the guests. He also was allowed to ski one or two runs during the day, and on occasion could do so with a spouse, relative or friend. At those times, he would still be on duty as a ski host and would be wearing a Mammoth uniform. Mammoth's policy manual for hosts, the Host Manual, required him to â€