Smith v. Magic Mountain LLC (November 21, 2024, B330833) [2024 WL 2151233]
Plaintiff sued an amusement park after she was injured in the holding area of a ride at the park. The trial court refused to instruct the jury on the heightened duty of care applicable to common carriers. The jury found the amusement park was not negligent, and plaintiff appealed.
The Court of Appeal affirmed, holding that the amusement park did not owe the plaintiff a common carrier’s heightened duty of care because (a) there was no substantial evidence the amusement park took action to accept plaintiff on the ride (plaintiff had not stepped on the boarding platform and the ride operator had not yet completed a final check to accept passengers), and (b) there was no substantial evidence that plaintiff placed herself under the amusement park’s control (plaintiff still had the option to exit the ride platform).
