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Cheong v. Antablin

Supreme Court of California
946 P.2d 817 (1997)


Facts

On April 11, 1991, Wilkie Cheong (plaintiff) and Drew Antablin (defendant) went for a ski trip together. Both were experienced skiers, but they collided with one another, and Cheong was injured. Cheong sued Antablin for negligence. At trial, Antablin denied intentionally crashing into Cheong or skiing recklessly, and Cheong conceded that he did not believe Antablin had acted recklessly. Antablin’s motion for summary judgment was granted by the superior court, which found that the risk of a collision was an inherent risk of downhill skiing and that Cheong had assumed that risk by willingly participating in the sport. Cheong appealed, but the court of appeals affirmed the decision. Cheong appealed again, arguing that the doctrine of assumption of the risk did not apply to an individual sport such as skiing.

Rule of Law

Issue

Holding and Reasoning (Chin, J.)

Concurrence (Kennard, J.)

Concurrence (Mosk, J.)

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