Smriti Nalwa, Plaintiff and Appellant v. Cedar Fair, L.p., Defendant and Respondent — Kennard, J., Dissenting

Summary

This dissent argues that the no-duty-for-sports rule should not be extended to recreational activities such as a bumper car ride. It would affirm the Court of Appeal's reversal of summary judgment because whether the ride's design created an unreasonable risk should be evaluated under ordinary negligence principles rather than resolved categorically as a matter of duty. The dissent also notes that, even under traditional assumption-of-risk principles, the plaintiff might not prevail because a jury could find that she did not knowingly assume the risk or that the defendant was not negligent.