Marc Trachtman Law is successful on summary judgment based on recreational use immunity and primary assumption of risk for Sugar Bowl Resort
Facts: Plaintiff, a young minor, was allowed by his parents/guardians to sled down a snow berm into the Donner Summit Lodge parking lot owned by Sugar Bowl that was occupied by parked and moving vehicles. Plaintiff accessed the parking lot by climbing a snow berm from a adjacent property. Plaintiff’s father testified that the family parked in the Donner Summit Gas parking lot, walked to the back of the property, and then climbed an approximately 12 foot snow berm, from which Plaintiff sledded to the bottom and into a SUV being driven by another party defendant. Marc Trachtman Law. argued the action was barred by the recreational use immunity codified by Civil Code Section 846 and by application of the primary assumption of risk doctrine.
Result: The court, in an exhaustive and extensive 16-page Memorandum Decision and Order, granted summary judgment for Marc Trachtman Law (via Timothy M. Smith, Esq) on September 1, 2022. The Court’s tentative ruling granted summary judgment initially only on the primary assumption of risk ground. But Timothy Smith, Esq. successfully advocated the court to also grant summary judgment based on the recreational use immunity statute.