The release signed by participant assumed all risks associated with participation in race, precluding claim for ordinary negligence; release was not void against public policy; there was a genuine issue of material fact as to whether organizer’s management of race constituted gross negligence; and primary assumption of the risk doctrine did not bar action.
Cases of Interest
14
Jun
Jun
Duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful.
California’s wage and hour statutes and regulations have not adopted the de minimis doctrine found in the FLSA. Where an employer requires an employee to work “off the clock” several minutes per shift, the de minimis principle does not apply.
12
Jun
Jun
Based on the special relationship doctrine, colleges owe students a duty of care to protect from “foreseeable violence during curricular activities”
The trial court’s order denying plaintiff’s motion for enforcement of a written settlement under Code Civ. Proc., § 664.6, was void where trial court lacked jurisdiction to entertain motion, as parties failed to request, before dismissal, that trial court retain jurisdiction to enforce the settlement, or alternatively seek to set aside the dismissals.