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Huffman v. City of Poway11/13/2000
olf course operator can be liable where design of course increases risk of being hit by an errant shot].)
City's primary assumption of risk argument asserts that when a play employs open trap doors on the stage, the activity involves an inherent risk of falling through those door openings, and Huffman as a participant in the play assumed that risk. City then contends it did nothing to increase the risks inherent in rehearsing the play with open trap doors. Accordingly, argues City, primary assumption of the risk bars Huffman's claim against City.
The trial court rejected City's primary assumption of the risk claim because it found City's acts or omissions increased the risks beyond those inherent in using an open trap door on a stage apron. We conclude substantial evidence supports that finding. The evidence showed that properly marked trap doors were safe to use. The evidence also permitted an inference that the performers had numerous demands on their attention: the chaotic nature of the Phobia scene, the changed configuration of the stage apron that constricted the space within which the actors were performing, and the need to pay attention to the director and the other actors while moving about the stage. Furthermore, there was evidence that actors customarily rely on subtle visual clues to orient themselves when moving about a stage and that the perimeters of trap doors are generally marked by glo-tape. This evidence permits an inference that the absence of highlighting mechanisms (glo-tape or understage lighting) or warning devices (spotters) substantially increased the risk of injury because a performer would have greater difficulty using his peripheral vision to observe a hazard whose boundaries were not marked.
We conclude the trial court correctly rejected City's primary assumption of the risk claim.
DISPOSITION
CERTIFIED FOR PUBLICATION
The judgments are reversed. Huffman is entitled to costs on appeal.
McDONALD, J.
WE CONCUR:
KREMER, P. J.
BENKE, J.
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