Nalwa v. Cedar Fair, L.P.Annotate this Case
At issue in this case was the scope of the primary assumption of risk doctrine, under which participants in, and operators of, certain activities have no duty of ordinary care to protect other participants from risks inherent in the activity. Here, Plaintiff fractured her wrist on a bumper car ride at an amusement park. Plaintiff sued the park owner for negligence. The superior court granted summary judgment for Defendant on the basis of the primary assumption of risk doctrine. The court of appeal reversed, concluding the doctrine did not apply to bumper car rides. The Supreme Court reversed, holding (1) the primary assumption of risk doctrine applies to recreational activities such as bumper car rides; (2) the doctrine applied to the ride here; and (3) Defendant's limited duty of care under the doctrine, the duty not to unreasonably increase the risk of injury over and above that inherent in the low-speed collisions essential to bumper car rides, did not extend to preventing head-on collisions between the cars.