Facts

This lawsuit arises out of injuries plaintiff Brian Spillane sustained while taking part in the "Gotta Thunder Downhill" mountain bike race on June 7, 2003, at Big Bear. The plaintiff allegedly struck a course delineator constructed of fixed metal rebar covered by PVC tubing, causing him to crash. The fixed metal rebar was directly next to the approach to a jump.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the use of fixed metal rebar covered by PVC tubing to delineate the mountain bike race course was negligent and created a dangerous condition. Race courses outside of the U.S. use break away or flexible course delineators to reduce injuries to participants.

DEFENDANTS' CONTENTIONS:
The defendants contended that they were not negligent, and that even if they were the plaintiff's action was barred by any one of a number of releases that the plaintiff signed prior to the race, and that the plaintiff's action was barred under the doctrine of primary assumption of risk.

Damages

As a result of this incident, the plaintiff is now a paraplegic who has limited use of his shoulder.

Injuries

As a result of this incident, the plaintiff is now a quadriplegic.

Result

Summary Judgment for the defense. The trial court denied the defendants' motions for summary judgment. The defendants then petitioned the Court of Appeal for a writ of mandate, which was accepted. The Court of Appeal then issued a writ of mandate ordering the Superior Court to vacate its order denying summary judgment and issue a new order granting summary judgment on all grounds.

Other Information

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