Facts

On March 15, 2007, plaintiff Bernard McManus was engaged in the repair of a motor home at the request of defendant Loren Johnson, the owner and general manager of defendant Security Public Storage-Vallejo LLC (Security). Johnson requested McManus' help because he was experienced with engines and carburetors. McManus was unaware of the motor home's tendency to backfire. McManus determined that some of the fuel system components needed to be replaced which then required him to "prime" the carburetor by pouring gasoline directly into it. Without first covering the carburetor with the air cleaner, McManus directed Johnson to start the ignition. The motor home backfired, which caused McManus to catch on fire. The fire was then exacerbated by the gasoline on McManus' clothing.

PLAINTIFF'S CONTENTIONS:
McManus claimed that the repair was an ultra-hazardous activity and Security was negligent in allowing him to engage in it on the premises. He also claimed that Security was negligent in its hiring and supervision in light of its own regulations prohibiting such activity within the facility. He further claimed that the risk was increased when Johnson negligently depressed the gas pedal when starting the ignition.

DEFENDANT'S CONTENTIONS:
Security claimed that McManus was aware of the risks attendant with the activities he engaged in and therefore assumed those risks.

Damages

McManus sought damages for his pain and suffering as well as his present and future medical expenses.

Injuries

McManus claimed that he suffered severe burns requiring skin grafts to the right side of his body.

Result

The court granted the defense's motion for summary judgment finding that McManus had primarily assumed the risk of the activity, that there was no duty on the defendants to protect him from the harm of the risk, and that McManus' own conduct precluded a claim of ultra-hazardous activity.