The California Supreme Court has scheduled oral argument for October 3, 2012 in Nalwa v. Cedar Fair, an important assumption of risk case which we have previously discussed in this blog. The case presents the following issues: (1) Does the existence of a state regulatory scheme for amusement parks preclude application of the doctrine of “primary assumption of risk” with respect to the park’s operation of a bumper car ride? (2) Does the doctrine apply to bar recovery by a rider of a bumper car ride against the owner of an amusement park or is the doctrine limited to “active sports”? (3) Are owners of amusement parks subject to a special version of the doctrine that imposes upon them a duty to take steps to eliminate or decrease any risks inherent in their rides?
Interestingly, the matter is scheduled for argument at the UC Davis law school.