LEGAL BRIEF FORMAT
1. Name of Case: Kendra Knight v. Michael Jewett
2. Legal Citation: 3 Cal. 4th 296, 11 Cal. Rptr.2d 2, 834 P.2d 696 (1992)
· Defendant: Michael Jewett
· Plaintiff: Kendra Knight
4. Facts of Case:
A. The plaintiff sued for personal injuries after the defendant stepped on her hand during a touch football game.
B. The court recognized two categories of assumption of risk (primary and secondary).
C. The Court of Appeals affirmed and the Supreme Court of California granted cert.
D. Duty of Care
5. Issue (in question format-Whether….): Whether the defendant provided the appropriate duty of care to the participant?
6. Answer: A participant in an active sport will breach the duty of care if injuries towards another player are intentional or he or she engages in reckless conduct that is out of the ordinary activities involved in the sport.
7. Ruling (in favor of): The court granted Jewett’s motion for summary judgment on accounts of assumption of risk by the plaintiff. The Court of Appeals affirmed and the Supreme Court of California granted cert.
8. Reasoning of Court: In touch football, the only duty of care owed to other players is not to act in a reckless or wanton manner. Jewett’s actions did not breach any legal duty and Knight’s claim falls under the primary assumption of risk. Therefore, the court reasoned that there was no breach of duty of care by the defendant.
9. Comments (your personal opinion of the outcome –was it fair?): I believe that all participants, coaches, and sport professionals should be aware of the laws that surround each sport. The defendant’s actions did not breach the duty of care because, and I agree with it being proved through the assumption of risk laws.