Honeycutt v. Meridian Sports Club CA2/5
179 Cal. Rptr. 3d 473
Cal. Ct. App.2014Background
- Honeycutt suffered a knee injury during a Meridian kickboxing class after being assisted by the instructor.
- She signed a one-page waiver before participation which contained an express assumption of risk.
- The instructor was Hakeem Alexander, a certified personal trainer and martial arts instructor.
- Alexander grabbed Honeycutt's leg during a roundhouse kick, causing her knee to rupture.
- Meridian moved for summary judgment on four grounds including a valid release and primary assumption of the risk; Honeycutt opposed claiming illegibility issues and triable facts about increased risk and gross negligence.
- The trial court granted summary judgment citing a valid release and primary assumption of the risk; this was upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the instructor's conduct increasing inherent risk negating primary assumption of the risk? | Honeycutt argues Alexander's holding and manipulation increased inherent risk. | Meridian argues conduct did not increase inherent risk beyond the sport. | No triable issue; primary assumption of risk applies. |
| Whether Alexander's conduct constitutes gross negligence that would invalidate the release | Honeycutt asserts gross negligence negates the release. | Meridian contends conduct was not gross negligence. | No gross negligence; release bars the negligence claim. |
Key Cases Cited
- Knight v. Jewett, 3 Cal.4th 296 (Cal. 1992) (two species of assumption of risk; primary vs. secondary)
- Avila v. Citrus Community College Dist., 38 Cal.4th 148 (Cal. 2006) (coparticipants' duty; primary assumption of risk in sports)
- Kahn v. East Side Union High School Dist., 31 Cal.4th 990 (Cal. 2003) (duty not to increase risks; instructors must not recklessly expose students to danger)
- Lilley v. Elk Grove Unified School Dist., 68 Cal.App.4th 939 (Cal. App. 1998) (inherent risks in practice of sport; instructor demonstration doctrine)
- Bushnell v. Japanese-American Religious & Cultural Center, 43 Cal.App.4th 525 (Cal. App. 1996) (inherent sport risk; injunctions against risk-increasing conduct by instructors)