Primary Assumption Of The Risk Applies To A Weight Dropped On Plaintiff’s Head.

Plaintiff was injured by a weight dropped by defendant, her teammate on the UCLA swim team, during a mandatory team workout session intended to strengthen the swimmers. Plaintiff filed an action alleging negligence against defendant, who successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Plaintiff argues primary assumption of the risk does not apply under the circumstances of this case. She says she did not assume the risk that defendant or anyone else would drop a weight on her head. She also argues the doctrine should not apply in this situation, when plaintiff and defendant were not co-participants in any competitive sport, but merely working out side by side. The appellate court relied on the holding in Nalwa v. Cedar Fair, L.P. (Cal. Sup. Ct.; December 31, 2012) 55 Cal.4th 1148, [290 P.3d 1158; 150 Cal.Rptr.3d 551] and affirmed the grant of summary judgment, stating: “First, as a factual matter, they were co-participants in a training session consisting of a circuit of three exercises for the purpose of adding strength as swimmers. Second, after the decision in Nalwa, it is of no moment whether the circuit training by [plaintiff] and [defendant] is characterized as a sport or recreation, as the doctrine of primary assumption of the risk applies to both types of activity.” Cann v. Stefanec (Cal. App. Second Dist., Div. 5; June 24, 2013) 217 Cal.App.4th 462, [158 Cal.Rptr.3d 474].