California Supreme Court,
Torts/Personal Injury
Sep. 15, 2023
Help Wanted: Supreme Court guidance on hazardous recreational activities
The Court should not only take up (and reverse) Carr, but provide guidance as to an oft-litigated statute. It wouldn’t hurt either if the Legislature did its job and amended the statute accordingly.
It is uncommon for an appellate court to explicitly ask the Supreme Court for guidance. It is more unusual when the request is made by both the majority and dissenting opinions. And it is the trifecta of rarities when they also request (respectfully, of course) that the Legislature amend the statute at bar.
In Carr v. Newport Beach (2023) Cal. App. LEXIS 656, the Fourth Appellate District, Division Three, consi...
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