Facts

Plaintiff Allen Harvey Abolafia, a member of the La Costa Club, sued Defendant Omni Hotels Management Corporation for general negligence and premises liability.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he sustained injuries during a game of golf at the La Costa Club. After parking and exiting his golf cart at the bottom of the downward slope of a bridge on the golf cart path, Plaintiff stepped over the curb lining the bridge on his way to the tee box, landing his foot in the ditch below the bridge and causing him to fall forward. As a result, Plaintiff contended he suffered a ruptured left Achilles tendon and closed nondisplaced avulsion fracture of the calcaneal tuberosity.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and subsequently filed a motion for summary judgment on the grounds that the Club's Rules and Regulations and Bylaws contained assumption of risk provisions, and under the aforementioned circumstances, Plaintiff contractually assumed the risk of injury, among other grounds.

Result

The court granted Defendant's motion for summary judgment after it determined Plaintiff's negligence and premises liability claims were barred by the assumption of risk provisions in the Club's Rules and Regulations and Bylaws.