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Mark Tokunaga Granted Summary Judgment in Favor of Mammoth Mountain

In Towns v. Davidson, Mammoth Mountain, 147 Cal.App.4th 461 (2007), is one of Mark Tokunaga’s victories in the Court of Appeal. In Towns, the plaintiff was injured while skiing at Mammoth Mountain when she was involved in a collision with a ski host, an employee of Mammoth Mountain. The plaintiff argued that Mammoth Mountain increased the risk of collisions by requiring employees to be skiing on the slopes. The trial court granted summary judgment in favor of Mammoth Mountain. The Court of Appeal affirmed, holding that collisions between skiers is an inherent risk of skiing no matter who the other skier is. The Court of Appeal also ruled that the trial court correctly struck the entire declaration of the plaintiff’s expert, who submitted a declaration alleging that Mammoth Mountain’s employee was reckless, not merely negligent.