California Appeals Court Addresses Question about Role of Co-Participant in Negligence Case

A California state appeals court had affirmed a trial court’s ruling that dismissed the claim of a dirt bike rider, who sued another rider, her fiancé, for negligence after she suffered a devastating injury. In so ruling, the court relied upon the assumption of risk doctrine and the high-threshold a plaintiff must cross to prove that a co-participant was negligent.   Plaintiff Kemberly Foltz and defendant Darryl Wayne Johnson met in September 2010 and were engaged by September 2011. Duri