Kahn v. East Side Union High School District
California Supreme Court
75 P.3d 30 (2003)
- Written by Brianna Pine, JD
Facts
Olivia Kahn (plaintiff) was a 14-year-old member of the junior-varsity swim team at East Side Union High School District (the district) (defendant). Kahn was participating in a competitive swim meet at the district’s facility when she executed a practice dive into a shallow racing pool and broke her neck. Kahn brought suit against the district for negligence. Kahn argued that her injury resulted from her coach’s failure to provide instruction on safe diving techniques, inadequate supervision, and the coach’s insistence that she dive despite her objections, inexperience, and fear and the coach’s earlier promise to excuse her from diving. The district moved for summary judgment, arguing that Kahn’s claims were barred by the primary-assumption-of-risk doctrine. The trial court granted the district’s motion. The court of appeals affirmed. The California Supreme Court granted review.
Rule of Law
Issue
Holding and Reasoning (George, C.J.)
Concurrence/Dissent (Kennard, J.)
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