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6 California opinions name it 1 courts 1996–2006 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bushnell v. Japanese-American Religious & Cultural Centergreen2 sentences2006Any other rule would discourage instructors from asking their students to do anything more than they have done in the past, would therefore have a chilling effect on instruction, and thus would have a negative impact on the very purpose for seeking instruction: mastering the activity.” (Bushnell v. Japanese-American Religious & Cultural Center, supra, 43 Cal.App.4th at p. 534 .) Stated otherwise, “There is nothing tortious about a coach who pushes student athletes to keep trying even when they are tired or upset.” (Lupash v. City of Seal Beach, supra, 75 Cal.App.4th at p. 1440 .) *335 Applicat 1999Any other rule would discourage instructors from asking their students to do anything more than they have done in the past, would therefore have a chilling effect on instruction, and thus would have a negative impact on the very purpose for seeking instruction: mastering the activity.” (Bushnell v. Japanese-American Religious & Cultural Center (1996) 43 Cal.App.4th 525, 534 [ 50 Cal.Rptr.2d 671 ].) There is nothing tortious about a coach who pushes student athletes to keep trying even when they are tired or upset. | 1 | 3 |
Allan v. Snow Summit, Inc.green2 sentences1999In Aaris v. Las Virgenes Unified School Dist., supra, 64 Cal.App.4th at p. 1115 , 75 Cal.Rptr.2d 801 , the injured cheerleader felt uncomfortable with her level of skill, asking her instructor, "`Do we have to do this stunt?'" Despite her discomfort, the court found no allegations the instructor recklessly pushed her beyond her level of experience and capability: "`Absent evidence of recklessness, or other risk-increasing conduct, liability should not be imposed simply because an instructor asked the student to take action beyond what, with hindsight, is found to have been the student's abilit 1999In Aaris v. Las Vírgenes Unified School Dist., supra, 64 Cal.App.4th at page 1115 , the injured cheerleader felt uncomfortable with her level of skill, asking her instructor, “ ‘Do we have to do this stunt?’ ” Despite her discomfort, the court found no allegations the instructor recklessly pushed her beyond her level of experience and capability: “ ‘Absent evidence of recklessness, or other risk-increasing conduct, liability should not be imposed simply because an instructor asked the student to take action beyond what, with hindsight, is found to have been the student’s abilities.’ ” (Id. at | 1 | 2 |
Aaris v. Las Virgenes Unified School Districtgreen2 sentences1999In Aaris v. Las Virgenes Unified School Dist., supra, 64 Cal.App.4th at p. 1115 , 75 Cal.Rptr.2d 801 , the injured cheerleader felt uncomfortable with her level of skill, asking her instructor, "`Do we have to do this stunt?'" Despite her discomfort, the court found no allegations the instructor recklessly pushed her beyond her level of experience and capability: "`Absent evidence of recklessness, or other risk-increasing conduct, liability should not be imposed simply because an instructor asked the student to take action beyond what, with hindsight, is found to have been the student's abilit 1999In Aaris v. Las Vírgenes Unified School Dist., supra, 64 Cal.App.4th at page 1115 , the injured cheerleader felt uncomfortable with her level of skill, asking her instructor, “ ‘Do we have to do this stunt?’ ” Despite her discomfort, the court found no allegations the instructor recklessly pushed her beyond her level of experience and capability: “ ‘Absent evidence of recklessness, or other risk-increasing conduct, liability should not be imposed simply because an instructor asked the student to take action beyond what, with hindsight, is found to have been the student’s abilities.’ ” (Id. at | 1 | 2 |
Galardi v. Seahorse Riding Clubgreen2 sentences2001(See, e.g., Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 750 [ 33 Cal.Rptr.2d 732 ] [no assumption of the risk where 17-year-old pitcher allowed to continue pitching during tryout after he reported hearing “pop” in his arm and feeling pain]; Tan v. Goddard (1993) 13 Cal.App.4th 1528, 1535-1536 [ 17 Cal.Rptr.2d 89 ] [no assumption of risk where student jockey told to ride lame horse in the wrong direction on a particularly rocky track]; Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, 823-824 [ 20 Cal.Rptr.2d 270 ] [competitive equestrian did not assume risk of inj 2001(See, e.g., Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 750 [ 33 Cal.Rptr.2d 732 ] [no assumption of the risk where 17-year-old pitcher allowed to continue pitching during tryout after he reported hearing “pop” in his arm and feeling pain]; Tan v. Goddard (1993) 13 Cal.App.4th 1528, 1535-1536 [ 17 Cal.Rptr.2d 89 ] [no assumption of risk where student jockey told to ride lame horse in the wrong direction on a particularly rocky track]; Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, 823-824 [ 20 Cal.Rptr.2d 270 ] [competitive equestrian did not assume risk of inj | 1 | 1 |
Wattenbarger v. Cincinnati Reds, Inc.green2 sentences2001(See, e.g., Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 750 [ 33 Cal.Rptr.2d 732 ] [no assumption of the risk where 17-year-old pitcher allowed to continue pitching during tryout after he reported hearing “pop” in his arm and feeling pain]; Tan v. Goddard (1993) 13 Cal.App.4th 1528, 1535-1536 [ 17 Cal.Rptr.2d 89 ] [no assumption of risk where student jockey told to ride lame horse in the wrong direction on a particularly rocky track]; Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, 823-824 [ 20 Cal.Rptr.2d 270 ] [competitive equestrian did not assume risk of inj 2001(See, e.g., Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 750 [ 33 Cal.Rptr.2d 732 ] [no assumption of the risk where 17-year-old pitcher allowed to continue pitching during tryout after he reported hearing “pop” in his arm and feeling pain]; Tan v. Goddard (1993) 13 Cal.App.4th 1528, 1535-1536 [ 17 Cal.Rptr.2d 89 ] [no assumption of risk where student jockey told to ride lame horse in the wrong direction on a particularly rocky track]; Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, 823-824 [ 20 Cal.Rptr.2d 270 ] [competitive equestrian did not assume risk of inj | 1 | 1 |
Joo Leong Tan v. Goddardgreen2 sentences2001(See, e.g., Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 750 [ 33 Cal.Rptr.2d 732 ] [no assumption of the risk where 17-year-old pitcher allowed to continue pitching during tryout after he reported hearing “pop” in his arm and feeling pain]; Tan v. Goddard (1993) 13 Cal.App.4th 1528, 1535-1536 [ 17 Cal.Rptr.2d 89 ] [no assumption of risk where student jockey told to ride lame horse in the wrong direction on a particularly rocky track]; Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, 823-824 [ 20 Cal.Rptr.2d 270 ] [competitive equestrian did not assume risk of inj 2001(See, e.g., Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 750 [ 33 Cal.Rptr.2d 732 ] [no assumption of the risk where 17-year-old pitcher allowed to continue pitching during tryout after he reported hearing “pop” in his arm and feeling pain]; Tan v. Goddard (1993) 13 Cal.App.4th 1528, 1535-1536 [ 17 Cal.Rptr.2d 89 ] [no assumption of risk where student jockey told to ride lame horse in the wrong direction on a particularly rocky track]; Galardi v. Seahorse Riding Club (1993) 16 Cal.App.4th 817, 823-824 [ 20 Cal.Rptr.2d 270 ] [competitive equestrian did not assume risk of inj | 1 | 1 |
Regents of University of California v. Superior Courtgreen2 sentences1996Any other rule would discourage instructors from asking their students to do anything more than they have done in the past, would therefore have a chilling effect on instruction, and thus would have a negative impact on the very purpose for seeking instruction: mastering the activity.” (See also Regents of University of California v. Superior Court (1996) 41 Cal.App.4th 1040, 1046 [ 48 Cal.Rptr.2d 922 ] [in a wrongful death action resulting from an anchor system failure in a rock-climbing exercise, the plaintiff argued the defendants owed the decedent a duty of care because he had enrolled as 1996Any other rule would discourage instructors from asking their students to do anything more than they have done in the past, would therefore have a chilling effect on instruction, and thus would have a negative impact on the very purpose for seeking instruction: mastering the activity.” (See also Regents of University of California v. Superior Court (1996) 41 Cal.App.4th 1040, 1046 [ 48 Cal.Rptr.2d 922 ] [in a wrongful death action resulting from an anchor system failure in a rock-climbing exercise, the plaintiff argued the defendants owed the decedent a duty of care because he had enrolled as | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lupash v. City of Seal Beach
green
1 sentence2006Any other rule would discourage instructors from asking their students to do anything more than they have done in the past, would therefore have a chilling effect on instruction, and thus would have a negative impact on the very purpose for seeking instruction: mastering the activity.” (Bushnell v. Japanese-American Religious & Cultural Center, supra, 43 Cal.App.4th at p. 534 .) Stated otherwise, “There is nothing tortious about a coach who pushes student athletes to keep trying even when they are tired or upset.” (Lupash v. City of Seal Beach, supra, 75 Cal.App.4th at p. 1440 .) *335 Applicat | 1 | 2006–2006 |
Cheryl Wells, a Minor by Her Father and Next Friend, Carroll G. Wells and Carroll G. Wells v. Colorado College
green
2 sentences1996Bushnell cites Wells v. Colorado College (10th Cir.1973) 478 F.2d 158 , which is in no way binding on us; however, it provides a useful illustration of the distinction between the risk of injuries resulting from an attempt to improve a physical skill — which risk is inherent in the attempt to master the skill — and other types of risk that are not inherent and to which liability therefore may attach. 1996Bushnell cites Wells v. Colorado College (10th Cir. 1973) 478 F.2d 158 , which is in no way binding on us; however, it provides a useful illustration of the distinction between the risk of injuries resulting from an attempt to improve a physical skill—which risk is inherent in the attempt to master the skill—and other types of risk that are not inherent and to which liability therefore may attach. | 1 | 1996–1996 |