Where a plaintiff has failed to present sufficient evidence to support a claim of willful misconduct?

California, United States of America


The following excerpt is from Nalwa v. Cedar Fair, LP, H034535 (Cal. App. 2011):

where the plaintiff has failed to present sufficient facts to support a willful misconduct claim. (See Towns v. Davidson (2007) 147 Cal.App.4th 461, 470-473 [court properly granted summary judgment where facts were insufficient to show that defendant skier acted recklessly in colliding with fellow skier, plaintiff]; O'Shea, supra, 97 Cal.App.3d at p. 913 [plaintiff failed to present evidence tending to show defendant's willful misconduct in maintaining dirt pile over which plaintiff rode motorcycle and sustained injuries; summary adjudication of willful misconduct issue proper].)

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