In March 2022, in a case handled by David Streza and Jon Varnica, Guy Stilson authored a summary judgment motion which was granted! Vogl Meredith Burke & Streza represented Half Moon Bay Golf Links. Plaintiff was golfing and allegedly stepped on a protruding tree root which he claimed was camouflaged by grass. Plaintiff allegedly fractured his ankle and injured his lumbar spine. Plaintiff claimed that the root should have been removed because Defendant knew there were roots in the area, there was no warning regarding roots (the tree the root had once connected to had been removed and there were no other trees within 75+ feet), and the root was in a walkway (near the tee box) rather than a normal playing area.
The summary judgment was based on primary assumption of the risk. We argued that navigating the terrain of a golf course is fundamental to playing golf and that stepping on roots is an inherent risk of playing golf. The court agreed and granted our motion. Vogl Meredith Burke & Streza served an early CCP 998 offer to compromise in the case and the plaintiff ended up owing costs after the motion was granted.