Dealership not liable in toy run injury, says California court

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A California appellate panel has ruled against a couple injured during a toy run who claimed the organizers of the rally didn’t provide adequate safety measures.

Robert and Nancy Amezcua sued Los Angeles Harley-Davidson, Inc. of South Gate over injuries sustained in the 2006 Pursuit for Kids Toy Drive. The Amezcuas claimed they had signed releases for previous rides but did not for this ride.

The Amezcuas were injured when their motorcycle collided with a van that swerved into their lane. The van driver said that he was startled by the roar of the motorcycles behind him and swerved in an attempt to avoid hitting a vehicle in front of him.

The Amezcuas’ complaint alleged the dealership breached its duty of care in organizing the ride, and that it was grossly negligent in doing so, according to the Metropolitan News-Enterprise.

A Court of Appeal last week ruled that Los Angeles Superior Court Judge Thomas McKnew was correct in granting summary judgment to the dealer. His ruling was based on the doctrine that the couple assumed risk for their own safety when they joined the ride.

The plaintiffs also sought to sue Los Angeles County, claiming county police had taken on a duty to supervise the ride and failed to perform it adequately. But they failed to file a timely claim, and it was denied in the Superior Court.

Posted by Holly Wagner

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