73 Cal. App. 4th 472 - Record v. Reason’s Empirical Analysis

Citation profile

73 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “is done for enjoyment or thrill, requires physical exertion as well as elements of skill, and involves a challenge containing a potential risk of injury.”

   4 later decisions quote this exact passage
   e.g. 222 Cal. Rptr. 3d 633 - Grotheer v. Escape Adventures, Inc. · 119 Cal. App. 4th 60 - Peart v. Ferro

2. “'has wide discretion in allowing the amendment of any pleading [citations], [and] as a matter of policy the ruling of the trial court in such matters will be upheld unless a manifest or gross abuse of discretion is shown'”

   2 later decisions quote this exact passage
   e.g. Payton v. CSI Elec. Contractors, Inc. · 138 Cal. App. 4th 732 - Huff v. Wilkins

3. “].) Record explained that "tube riders engage in the activity of tubing in order to experience the thrill of whipping across the water at speeds [that] challenge their ability to stay on the tube. Both appellant and respondent testified via deposition that falling out of the inner tube is a 'common occurrence' and that '[e]verybody falls off the innertube.' Neither appellant's preexisting injuries nor his admonition to respondent to '[k]ick back' and 'take it easy' can be used to define the nature of the activity or the parties' relationship to it. Nor can these factors be used to redefine the ordinary range of activity and the concomitant risks inherent in the sport and thus enlarge the potential liability of coparticipants.”

   1 later decision quote this exact passage
   e.g. Foltz v. Johnson