American Motorcycle Association v. Superior Court

20 Cal.3d 578 (1978)

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Nature of the Case

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Facts

Glen Gregos (P) was a teenage boy who had his spine crushed in a cross-country motorcycle race for novices. P sued American Motorcycle (D) and Viking Motorcycle Club (D1) for negligence. D filed an answer denying P's allegations and asserting affirmative defenses and alleging that P's own negligence was the proximate cause of his injuries. D then sought leave to file a cross-complaint against P's parents for negligence in failing to supervise P and that D's negligence if any was passive while P's parents' negligence was active. D also sought declaratory relief against P's parents in that P failed to join his parents in his action and asks for the allocable negligence of P's parents so that damages awarded against D would be reduced by the percentage of damages allocable to P's parents' negligence. The trial court dismissed the proposed cross-complaint and certified the question for a higher review.