Branco V. Kearny Moto Park - Fourth Appellate District, Division One Court of Appeal of California

Branco V. Kearny Moto Park

By Fourth Appellate District, Division One Court of Appeal of California

  • Release Date: 1995-07-28
  • Genre: Law

Description

Brandon Lee Branco (hereafter Branco) appeals from a summary judgment in favor of Kearny Moto Park, Inc. (hereafter KMP), Debbie Badders, Jerry Badders, American Bicycle Association (hereafter ABA), and City of San Diego (hereafter sometimes referred to collectively as defendants)*fn1 arising from Branco's complaint alleging, inter alia, that the negligent design of an expert caliber jump at KMP's bicycle motocross (BMX) course caused him to suffer injury. Premised on the duty of a sponsor of a sports activity not to increase the risks inherent in a sport, we hold there is a triable issue of fact whether KMP's jump was negligently designed. Accordingly, we reverse the summary judgment.