Patrick Stockalper, Esq. and Melissa Wetkowski, Esq. successfully obtain Court of Appeal ruling upholding summary judgment for Azusa Pacific University (APU) involving concussion injury. Ms. Wetkowski prepared a motion for summary judgment arguing that Plaintiff’s claim was barred by the assumption of risk doctrine. Plaintiff was a cheerleader for APU who suffered three alleged concussions over several months due to cheer activity.
The written tentative with respect to the motion for summary judgment was to deny but Mr. Stockalper argued the motion and the court changed its tentative after oral argument and granted the motion. Plaintiff appealed and the court of appeal upheld the decision. The decision is an excellent holding for universities as well as other entities in relation to the application of the assumption of risk doctrine. Mr. Stockalper has vast experience with concussion related injury litigation and previously participated as a guest participant on an American Board of Trial Advocates (ABOTA) Master’s in Trial Program mock trial which involved an alleged concussion injury on the part of the plaintiff.