Update: Scooters and Skaters, Grass and Gates, Pot and Potholes

In January, Decs & Excs reported on an appellate decision holding that an 11-year old using a scooter to get from Point A to Point B -- as opposed to showing off or engaging in competition -- is not to be deemed to have "assumed the risk" of injury when she and her scooter meet with an uneven stretch of payment.

Now, Walter Olson reports at Overlawyered that another panel of the Court of Appeal, in an unpublished decision, has extended the rationale of the earlier case to permit recovery by a skateboarder who crashed into a gate in a public park after dark. The court notes that the skateboarder was "riding his skateboard for transportation, not to perform stunts", notwithstanding the evidence that he was doing so "after smoking 'a bowl' (of marijuana)".

Thanks to Walter as well for his kind link to our earlier report on the California Supreme Court's recent clarification of the law of Malicious Prosecution.