Sesto v. Kachan
This action arises from a collision at the Squaw Valley Resort between a skier, appellant Melinda Sesto, and her snowboarder friend, respondent Dallas Kachan. Moments before the collision occurred, Sesto was skiing ahead of Kachan on the same slope. On impulse, Kachan decided to catch up with Sesto in order to give her a congratulatory pat on her buttocks. The two collided after Kachan accelerated towards her on his snowboard with his arm outstretched. As a result of the collision, Sesto fell and sustained serious injuries. On appeal, Sesto contends that the trial court erred in determining that assumption of risk was a complete defense because Kachan failed to make the requisite showing under Knight v. Jewett (1992) 3 Cal.4th 296, 320 (Knight) that his conduct was within the range of ordinary activity involved in snowboarding and did not increase the inherent risk of a collision on the ski slope. For reasons that Court explain, Court agree and therefore Court reverse the judgment.
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