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Grotheer v. Escape Adventures, Inc.

California Court of Appeal

14 Cal. App. 5th 1283 (2017)

Facts

Erika Grotheer (plaintiff) took a hot-air-balloon ride. Grotheer’s leg was fractured when the balloon’s basket crash-landed into a fence. Grotheer sued the tour company Escape Adventures, Inc. (Escape), the pilot Peter Gallagher, and Wilson Creek Vineyards, Inc. (defendants). The trial court granted summary judgment to Escape, Gallagher, and Wilson Creek. Grotheer appealed, arguing in part that Escape was a common carrier and owed to its passengers a heightened duty of care.

Rule of Law

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Issue

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Holding and Reasoning (Slough, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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