Hass v. Rhodyco Prods.
236 Cal. Rptr. 3d 682
Cal. Ct. App. 5th2018Background
- Peter Hass signed an online race release and ran the 2011 Kaiser San Francisco Half Marathon organized by RhodyCo; he suffered sudden cardiac arrest immediately after finishing and died.
- The race had an approved EMS Plan requiring specified medical coverage at key areas (including finish line) and communication equipment; evidence suggests the actual onsite personnel/equipment at the finish differed from the Plan.
- Bystanders (a physician and an off-duty paramedic) performed CPR; an AED from the post-race tent arrived ~11 minutes after collapse; city paramedics arrived ~26 minutes after collapse; Hass was pronounced dead the same hour.
- The Hass Family sued for wrongful death alleging negligent planning, hiring/supervision of medical staff, inadequate AED/ambulance placement, and poor communications.
- RhodyCo moved for summary judgment asserting Hass’s signed release barred suit and that primary assumption of the risk applied because cardiac arrest is an inherent risk of long-distance running.
- Trial court initially granted summary judgment on waiver and primary-assumption grounds but later granted a new trial, allowing the family to pursue gross-negligence theories; the court of appeal affirms in part, reverses in part, and directs denial of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/scope of release as bar to wrongful death | Release does not clearly waive heirs' wrongful death claims or liability for emergency medical services; ambiguous/limited to "inherent" risks | Release unambiguously waived Hass’s assumption of risks and released RhodyCo from liability for injuries/death, binding heirs | Release is clear and bars wrongful-death recovery for ordinary negligence (release valid and covers race-related risks) |
| Public-policy challenge to release for emergency medical services | Release void as against public policy to extent it covers emergency medical services implicating public interest | Race entry is voluntary recreational activity; Tunkl factors do not support invalidation here | Release not void on public-policy grounds; Tunkl inapplicable to private recreational events like races |
| Gross negligence exception to release | Even if release bars ordinary negligence, it cannot bar liability for gross negligence; facts raise triable issue of gross negligence (failure to follow EMS Plan, AED delay, staffing/communication failures) | No evidence of extreme departure from care; release should bar claims absent pleaded gross negligence | Release cannot shield gross negligence; court finds triable issues of fact exist on gross negligence and summary judgment improper on that basis |
| Primary assumption of the risk as complete bar | Organizer had duty to minimize extrinsic risks (e.g., EMS implementation); primary-assumption inapplicable where organizer increased extrinsic risk | Cardiac arrest is inherent to running; RhodyCo did nothing to increase that risk so primary assumption bars recovery | Primary assumption does not bar claim because triable issues exist whether RhodyCo increased extrinsic risk by failing to implement EMS Plan (summary judgment denied) |
Key Cases Cited
- Knight v. Jewett, 3 Cal.4th 296 (explains primary vs. secondary assumption of the risk and duties of organizers)
- Nalwa v. Cedar Fair, L.P., 55 Cal.4th 1148 (reaffirms limited duty under primary assumption and organizer duties re: extrinsic risks)
- Saenz v. Whitewater Voyages, Inc., 226 Cal.App.3d 758 (release can bar heirs when releasor expressly assumed risks and released negligence)
- Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1 (upholds broad release in wrongful-death context)
- Saffro v. Elite Racing, Inc., 98 Cal.App.4th 173 (race organizer owes duty to minimize extrinsic risks like dehydration where representations made)
- Tunkl v. Regents of University of California, 60 Cal.2d 92 (public-interest factors for invalidating exculpatory agreements)
- Santa Barbara v. Superior Court, 41 Cal.4th 747 (release cannot validly waive future gross negligence; public-policy limits)