Facts

O.C., a minor, by and through her Guardian ad Litem, Kenneth Lindley, and Katherine Lindley sued House of Air LLC, in connection with an incident that allegedly occurred on June 20, 2013.

PLAINTIFF'S CONTENTIONS:
Defendant operated a trampoline park located in San Francisco's Crissy Field. Plaintiff O.C., who was six, attended the trampoline park on the date in question with her grandmother, and her grandmother's sister along with her granddaughter, who was also six. While playing in the kids' play area, a group of older kids and adults suddenly stampeded plaintiff causing her to break her ankle and suffer permanent injuries. Defendant's employees were nowhere near the site of the accident, leaving plaintiffs to deal with O.C.'s broken ankle. Defendant's employees did nothing else except to offer an ice pack. As such, plaintiffs left to go to the hospital to have O.C. checked out. Plaintiff Lindsey attempted to speak with the owner of the establishment, but she never received a phone call. Plaintiff, who had planned an entire summer with their relatives who came to visit from Washington, was ruined due to this incident. Plaintiffs then sued defendant, alleging causes of action for gross negligence, premises liability, negligent hiring, retention, supervision, training; intentional infliction of emotional distress; negligent infliction of emotional distress, negligent misrepresentation, and breach of contract.

DEFENDANT'S CONTENTIONS:
Plaintiffs were allegedly bound by a waiver, agreeing to release defendant from any liability for injuries resulting from jumping on the trampolines and collisions with others. Defendant claimed it was entitled to summary judgment. Defendant also claimed, among other things, that plaintiffs' claims were barred by the doctrine of primary assumption of the risk and that all other claims otherwise fail as a matter of law.

Injuries

O.C. fractured her right ankle right at the growth plate.

Result

The court granted House of Air's summary judgment motion upon finding that the release barred all claims that arose from the use of the facility.