AMERICAN MOTORCYCLE ASSOCIATION V. SUPERIOR COURT, 20 Cal. 3d 578, 578 P.2d 899, 146 Cal. Rptr. 182 (1978) CASE BRIEF

AMERICAN MOTORCYCLE ASSOCIATION V. SUPERIOR COURT
20 Cal.3d 578 (1978)
NATURE OF THE CASE: The court ordered a hearing sua sponte after the Court of Appeal granted a peremptory writ of mandate, for which defendant race sponsor had petitioned following the denial of defendant's motion for leave to file a cross-complaint by the trial court in an action brought by plaintiff race participant to recover damages incurred during a motorcycle race.
FACTS: Glen Gregos (P) was a teenage boy who had his spine crushed in a cross country motorcycle race for novices. P sued American Motorcycle (D) and Viking Motorcycle Club (D1) for negligence. D filed an answer denying P's allegations and asserting affirmative defenses and alleging that P's own negligence was the proximate cause of his injuries. D then sought leave to file a cross complaint against P's parents for negligence in failure to supervise P and that D's negligence if any was passive while P's parents' negligence was active. D also sought declaratory relief against P's parents in that P failed to join his parents in his action and asks for the allocable negligence of P's parents so that damages awarded against D would be reduced by the percentage of damages allocable to P's parents' negligence. The trial court dismissed the proposed cross complaint and certified the question for a higher review.

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LEGAL ANALYSIS:





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