The motion for summary adjudication, filed by defendants City of San Diego and Ashley Marino, is denied.
Preliminary Matters
In light of the ruling, it is unnecessary to rule on the evidentiary rulings.
Background and Discussion
Plaintiffs Michael Haytasingh and his wife Crystal Haytasingh filed suit against the City of San Diego and a lifeguard, Ashley Marino, for injuries Michael sustained while surfing. Plaintiffs contend Michael was forced to jump from his surfboard to avoid colliding with Marino, who was operating a personal watercraft ("PWC") nearby.
The complaint asserts causes of action for (1) negligence; (2) loss of consortium; and (3) "willful misconduct, recklessness and gross negligence." After the Court ruled that the hazardous recreational immunity statute (Government Code section 831.7) bars the negligence claim but not gross negligence (ROA # 87), plaintiffs filed a FAC adding a 4th cause of action for gross negligence by a public entity or employee.
Defendants
Hearing Date
December 07, 2017
Category
Civil - Unlimited
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The motion for summary adjudication, filed by defendants City of San Diego and Ashley Marino, is denied.
Preliminary Matters
In light of the ruling, it is unnecessary to rule on the evidentiary rulings.
Background and Discussion
Plaintiffs Michael Haytasingh and his wife Crystal Haytasingh filed suit against the City of San Diego and a lifeguard, Ashley Marino, for injuries Michael sustained while surfing. Plaintiffs contend Michael was forced to jump from his surfboard to avoid colliding with Marino, who was operating a personal watercraft ("PWC") nearby.
The complaint asserts causes of action for (1) negligence; (2) loss of consortium; and (3) "willful misconduct, recklessness and gross negligence." After the Court ruled that the hazardous recreational immunity statute (Government Code section 831.7) bars the negligence claim but not gross negligence (ROA # 87), plaintiffs filed a FAC adding a 4th cause of action for gross negligence by a public entity or employee.
Defendants