Eriksson v. Nunnink
233 Cal. App. 4th 708
| Cal. Ct. App. | 2015Background
- Mia Eriksson, age 17, died in a cross-country fall at Galway Downs in 2006 while being coached by Kristi Nunnink; the Erikssons sued for wrongful death and NIED.
- Mia signed a May 2006 Release of Liability with Nunnink; Mia’s parent Karan signed as “Rider’s Parent”; Stan did not sign.
- The release states Mia (and rider) will hold trainer harmless and release trainer from liability for injuries except for damages caused by the trainer’s direct, willful and wanton negligence.
- Nunnink provided coaching and horse training services to Mia over multiple years, including planning for events and decisions about competition level; Mia aimed to advance to higher levels.
- Prior to Galway Downs, Kory (Mia’s horse) had prior injuries and a concussion at Ram Tap; Kory’s condition was monitored but no definitive disqualification occurred before Galway Downs.
- The trial court granted judgment under CCP 631.8, holding the release binding on Mia’s rights and barring Erikssons’ wrongful death claims and limiting NIED claims; on appeal, the court upheld the judgment, adopting a broader view of the release’s enforceability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the release is valid and covers the Erikssons’ claims | Erikssons contend release may be ambiguous and not applicable to their claims | Nunnink argues release unambiguously bars the Erikssons’ claims | Release valid and enforceable against Mia; wrongful death/NIED defenses barred to the extent within the release’s scope |
| Whether Karan’s signature made her a party to the release | Karan argues she is Mia’s parent and party to the release | Release identifies parties as Mia (Rider) and Nunnink (Trainer); Karan not a party | Karan not a party to the release, but the release can still function as a defense to certain claims |
| Whether bystander NIED claims are barred by express assumption of risk | Erikssons rely on bystander NIED liability | Express assumption of risk by Mia negates NIED duty to bystanders | Yes; bystander NIED claims barred where Mia expressly assumed the risk; Nunnink owes no duty to Erikssons for those risks |
| Burden and standard for proving gross negligence under CCP 631.8 after release | Erikssons must prove gross negligence to defeat the release | Nunnink bears the burden to show the release applies; otherwise Erikssons must prove gross negligence | Once the release is valid and applicable, Erikssons bear the burden to prove gross negligence; court reviews for substantial evidence but not de novo on the standard |
Key Cases Cited
- Knight v. Jewett, 3 Cal.4th 296 (Cal. 1992) (express assumption of risk analogous to primary assumption of risk)
- Dillon v. Legg, 68 Cal.2d 728 (Cal. 1968) (duty to bystanders limited by foreseeability/public policy)
- Santa Barbara v. Superior Court, 41 Cal.4th 747 (Cal. 2007) (public policy; defines gross negligence; bystander duties in presence of risk)
- Horwich v. Superior Court, 21 Cal.4th 272 (Cal. 1999) (release may negate duty of ordinary care to heirs when decedent signed preinjury release)
- Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1 (Cal. App. 1987) (release by decedent can negate defendant’s duty to decedent; applies to heirs’ claims)
- Madison v. Superior Court, 203 Cal.App.3d 589 (Cal. App. 1988) (heirs’ wrongful death rights not waived by decedent’s preinjury release; set framework for heirs’ claims)
- Balthazor v. Little League Baseball, Inc., 62 Cal.App.4th 47 (Cal. App. 1998) (bystander emotional distress limited where primary actor assumed risk)
- Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1 (Cal. App. 1987) (advance waiver of liability; duty analysis for bystanders and releases)