Racquetball Case Bounced Out of Court

August 1, 2008

Plaintiff was injured while playing racquetball on a court at the Lake Arrowhead Resort. Plaintiff claimed that he slipped and fell on a slippery substance causing him to lose his balance and strike his head against the back wall of the court. As a result of the incident, plaintiff alleged brain damage, including a loss of memory. Plaintiff contended that the Resort negligently maintained the racquetball floor resulting in a dangerous condition unknown to plaintiff.

The Resort contended that plaintiff impliedly assumed the risk of injury while playing racquetball and, further, that there was no dangerous condition that caused plaintiff’s fall and injuries. Rather, the evidence established that plaintiff merely tripped over his own feet.

On July 31, 2008, the Superior Court for the County of San Bernardino granted summary judgment in favor of defendants, finding that plaintiff assumed the risk of injury and that he could not establish the existence of a dangerous condition. Guy R. Gruppie and Eric P. Weiss led the defense team’s efforts, with support from Gina E. Och and Jonathan S. Dennis.