Marc Trachtman Law Wins Another MSJ Based on the Primary Assumption of Risk Doctrine
Facts: Plaintiff was a guest at an indoor playground establishment located in Southern California. Plaintiff was carrying her toddler child in her arms when she tripped and fell over a foam block while entering the “ball pit” arena. Marc Trachtman Law represented the indoor playground company. Our client had placed the foam block at the entrance to the arena as a method to contain the plastic balls inside the arena. The client expected customers to step over the 12” high foam block when entering the arena. Plaintiff alleges she did not see the block because she did not expect the entrance to be obstructed and assumed her path of travel was clear. Plaintiff, a surgeon at a well-known hospital, suffered a fractured right shoulder.
In July 2020, Marc Trachtman Law (via Timothy Smith, Esq.) filed an MSJ on behalf of our client on the basis that Plaintiff’s claim was barred by the doctrine of Primary Assumption of Risk.
Outcome: The Court granted our Motion and specifically held that the doctrine of Primary Assumption of Risk barred Plaintiff’s claims.