Fazio v. Fairbanks Ranch Country Club
183 Cal. Rptr. 3d 566
Cal. Ct. App.2015Background
- Plaintiff Robert Fazio, an experienced professional musician, fell into a triangular gap between risers and a wall while setting up on a stage at Fairbanks Ranch Country Club and suffered serious injuries.
- Fairbanks owned and assembled the stage the same day; the stage consisted of four rows of rectangular risers that became progressively narrower, leaving gaps at the ends against the walls.
- The ballroom lights were off at the time; natural light from windows was the only illumination and testimony on lighting was conflicting.
- Fazio sued for negligence alleging the stage was defective and negligently maintained; Fairbanks moved for summary judgment asserting primary assumption of the risk, no duty to configure the stage, and obviousness of the condition.
- Fazio submitted an expert declaration (event-stage professional) opining the riser gaps and configuration fell below industry standards and increased the risk of falling.
- Trial court granted summary judgment for Fairbanks on primary assumption of risk; Court of Appeal reversed, finding triable issues of fact remained about whether Fairbanks increased the inherent risk and whether summary judgment burden was met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does primary assumption of risk bar recovery for a stage performer who fell? | Fazio: doctrine should not automatically bar recovery where owner may have increased the risk. | Fairbanks: falling off stage is an inherent risk of performing and bars recovery. | Court: Primary assumption of risk applies to stage performance generally, but does not bar recovery if defendant increased the inherent risk. |
| Did Fairbanks meet its summary judgment burden to show it did not increase the inherent risk? | Fazio: expert evidence creates triable issue that configuration increased risk. | Fairbanks: argued only that falling is inherent risk; did not present evidence it did not increase risk. | Court: Fairbanks failed its initial burden of production; summary judgment improper. |
| Is the question whether defendant increased risk a legal issue for the court or a factual issue for the jury? | Fazio: whether Fairbanks increased the risk is a fact question for the jury. | Fairbanks: scope of duty (increased risk) is a legal question for the court. | Court: Whether conduct increased inherent risk is for the trier of fact when material facts are disputed. |
| Was the stage configuration so obviously nonactionable (no duty / obvious hazard) that summary judgment was proper? | Fazio: configuration + lighting + expert create issue on dangerous condition and duty. | Fairbanks: stage gaps were obvious; no duty to configure differently; not an unreasonably dangerous condition. | Court: Whether condition was dangerous is usually factual; reasonable minds could differ, so summary judgment inappropriate. |
Key Cases Cited
- Knight v. Jewett, 3 Cal.4th 296 (establishes primary vs. secondary assumption of risk and duty not to increase inherent risks)
- Cheong v. Antablin, 16 Cal.4th 1063 (discusses primary/secondary assumption of risk in light of comparative fault)
- Aguilar v. Atlantic Richfield Co., 25 Cal.4th 826 (summary judgment burdens of production and persuasion)
- Huffman v. City of Poway, 84 Cal.App.4th 975 (applied assumption-of-risk framework to stage/trapdoor context; defendant may increase inherent risks)
- Shin v. Ahn, 42 Cal.4th 482 (limited duty in sports context; factual disputes on reckless conduct for jury)
- Luna v. Vela, 169 Cal.App.4th 102 (question whether defendant increased inherent risk is for the trier of fact when facts are disputed)
- Huff v. Wilkins, 138 Cal.App.4th 732 (defendant must show it did not increase inherent risks to sustain summary judgment)
- Kinsman v. Unocal Corp., 37 Cal.4th 659 (landowner liability to contractor employees for concealed hazards; distinguishable here)
- Beninati v. Black Rock City, LLC, 175 Cal.App.4th 650 (application of primary assumption of risk to activities with inherent dangers)