C.A. 4th;
E063449

The Fourth Appellate District affirmed a judgment. The court held that the unavoidable risks inherent in hot air ballooning precluded deeming balloon operators common carriers.

Erika Grotheer broke her leg when a hit air balloon in which she was riding crash landed. She sued the balloon tour company, Escape Adventures, Inc., and others for her injuries, arguing Escape's pilot was negligent both in not providing passengers with safe landing instructions and in failing to prevent the crash.