Claim Brought by Motocross Rider’s Family Continues, as Court Denies Motion to Dismiss
A magistrate judge from the Southern District of California has denied a motocross exhibition promoter’s motion for summary judgement in a case in which it was sued by the family of a competitor who died after a failed practice jump.
In so ruling, the court ruled that questions of fact still remain about whether the promoter increased the inherent risk of the sport, making it premature to apply the assumption of risk doctrine.
Jim McNeil was a professional motocross rider and jum