plaintiff’s claim against defendant is at issue here. Plaintiff’s second amended
complaint alleged, in relevant part, that defendant and the CWSN organized, planned,
administered, managed and controlled the sailing event for which they solicited and
registered participants, made reservations and placed participants in crew slots on
racing yachts. She asserted she was inexperienced in yacht racing and defendant,
despite knowing she was inexperienced and had minimal boating experience, placed
her on the Coup d’Etat, where she was expected to participate as a crew member. She
made numerous negligence allegations against defendant, alleging defendant was
careless in failing to match her with an appropriate vessel, captain and crew to
accommodate her inexperience; investigate the captain and crew of the Coup d’Etat
regarding their operating procedures, plans and accommodations for plaintiff;
implement safety rules for plaintiff’s participation in the race; prevent plaintiff from being
placed in a position of danger; fully inform plaintiff of the dangers of being on the Coup
d’Etat; and investigate the abilities and experience of the crew of the Coup d’Etat.
Defendant moved for summary judgment. The court granted summary judgment
to Martin on June 15, 2007. On June 30, 2008, the court dismissed the action against
all remaining defendants with prejudice. On July 25, 2008, plaintiff timely appealed the
court’s grant of summary judgment to Martin.
Standard of Review
A drastic means of disposing of litigation, a motion for summary judgment is
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