Rivera v. USA Cycling, Inc. CA5
Suzanne Rivera competed in a bicycling race organized by Velo Promo, LLC (Velo Promo) and sponsored by respondent, USA Cycling, Inc. (USA Cycling). During the race, a support vehicle operated by Velo Promo stopped to assist a rider and parked the vehicle in the roadway. The support vehicle completely blocked the lane designated for the cyclists on a downhill, curved section of the course. Suzanne Rivera was killed when she crashed into the back of the support vehicle.
Suzanne Rivera’s heirs, appellants Donald Scott Rivera, Suzanne Rivera’s husband, and his minor children, Nicholas Rivera and Kate Rivera, filed the underlying wrongful death action against Velo Promo, USA Cycling, and Richard Ciccarelli, the driver of the support vehicle. Velo Promo and Ciccarelli moved for summary judgment based on primary assumption of risk. The trial court granted the motion finding that defendants were not grossly negligent.
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