Greuel faults DWP for bypassing bids on lobbying contracts

The Los Angeles Department of Water and Power repeatedly bypassed its competitive bidding process when it awarded $480,000 in contracts to lobby Sacramento decision-makers, according to a report issued by City Controller Wendy Greuel.

DWP executives issued four no-bid contracts for state lobbying over the last two years, two of them to Mercury Public Affairs, a firm that includes former state Assembly Speaker Fabian Nuñez as one of its partners. No public debate or vote by the utility's five-member Board of Commissioners was required under DWP contracting rules because each agreement was $150,000 or less.

Greuel, who is running for mayor in the March 5 election, said the city utility had "lax controls" over the lobbying contracts and failed to require that two of the firms prepare reports showing what they had accomplished. Mercury also was paid $50,000 for a month of work to help secure passage of legislation on power plant upgrades that had been withdrawn on the first day of the firm's contract, the report found.

"DWP should have terminated" the contract, Greuel wrote.

The inquiry, which was conducted with help from the city Ethics Commission, was launched last year after Greuel's office received a tip alleging that the lobbying work was awarded in exchange for favors. But no evidence of "a 'pay to play' arrangement" was found, her report said.

Mercury received DWP lobbying contracts worth $50,000 in 2010 and $150,000 in 2011, both focused on state government. The firm also received a no-bid, nine-month contract worth $141,000 in 2010 for lobbying at the federal level, which was not examined in the controller's report.

The DWP said the no-bid contracts were reviewed and approved by the city's lawyers. The three lobbying firms helped shape costly state regulations dealing with greenhouse gas emissions and pollution of ocean plant life caused by coastal power plants, utility officials said.

"Their effective advocacy contributed to favorable outcomes that will save LADWP's customers in excess of a billion dollars," the DWP said in a statement.

Mercury Managing Director Roger Salazar said his firm provided strategy for dealing with water quality regulators, as well as state lawmakers. "The legislative process doesn't always end with the pulling of a bill," he added.

The DWP's hiring practices for outside lobbyists attracted scrutiny in 2009 after high-level officials proposed a contract worth up to $2.4 million with Conservation Strategy Group — a Sacramento-based firm that planned to use Mercury and a second company as subcontractors.

The deal would have included the involvement of Nuñez, author of the state's landmark 2006 climate change law. But it was scuttled after DWP commissioners raised questions about the cost. The agency already was paying $15,000 to its in-house lobbyist Cindy Montañez, a former Assembly member who is now a City Council candidate.

DWP officials subsequently began using simple purchase orders instead of competitive bidding procedures to hire lobbying firms. The utility awarded a one-year, $130,000 agreement to Weideman Group in 2010 and a one-year, $150,000 agreement with Conservation Strategy Group in 2011.

Mercury received its $150,000 contract in April 2011, during the same week that Nuñez contributed $3,000 to three of the mayor's legal defense funds and $1,000 to a separate officeholder account belonging to Mayor Antonio Villaraigosa. The defense funds were set up to pay nearly $42,000 in ethics fines levied against Villaraigosa for accepting free tickets to sports and cultural events.

Salazar said there was no link between the contracts and the donations from Nuñez. "Any insinuation that they are connected is absurd and irresponsible," he said.

Last month, the DWP's five-member board awarded a Sacramento lobbying contract worth $1 million annually to KP Public Affairs. That vote was taken after a competitive search process.

david.zahniser@latimes.com

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Dozens Dead in Attack on Gas Station Near Damascus

AMMAN (Reuters) - At least 30 civilians were killed on Wednesday when Syrian warplanes bombed a petrol station in a rebellious suburb on the eastern edge of Damascus, two opposition campaigners on the scene said.

"I counted at least 30 bodies. They were either burnt or dismembered," said Abu Saeed, an activist who arrived at the area in the Muleiha suburb of Damascus an hour after the raid occurred at 1:00 PM (1100 GMT).

Another activist, Abu Fouad, said warplanes had bombarded the area as a consignment of fuel arrived and crowds packed the station.

Video footage taken by activists, which could not be independently verified, showed a body of a man a helmet on a motorcycle amid flames that had engulfed the site, apparently hit while in a line of vehicles waiting for petrol. A man was also shown carrying a dismembered body.

Muleiha is one of a series of Sunni Muslim suburbs ringing the capital that have been at the forefront of the 21 month revolt against the rule of President Bashar al-Assad, who belongs to the Shi'ite-derived Alawite minority sect.

Government forces control the center of Damascus and have been pounding the suburbs from the air.

(Reporting by Khaled Yacoub Oweis, Amman newsroom; Editing by Peter Graff)

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Your Snapchats aren’t safe: How to secretly save videos from Snapchat or Facebook’s ‘Poke’

Argue though its executives might, Snapchat is good for two things: sending photos and videos of yourself making stupid faces, and sending photos and videos of yourself naked. The latter, of course, is the more compelling function since that is exactly what the app was designed for. When users send pictures or videos, the recipient can only view them for a set amount of time before they “self-destruct.” Yes, a recipient can take a screenshot but the sender is automatically alerted when that occurs — then, as the saying goes, fool me once… As it turns out, however, Snapchat users (and users of “Poke,” Facebook’s (FB) Snapchat ripoff) can easily save photos and full-length videos received through the service without the sender ever knowing.

[More from BGR: Five tech resolutions for 2013]

As recently relayed by BuzzFeed’s Katie Notopoulos, saving photos and videos from Snapchat or Poke is as easy as connecting a phone to a computer and opening a file browser. The file browser is free and the “trick” requires no jailbreak or any other kind of hack.

[More from BGR: Can Samsung survive without Android?]

Start by leaving the photos and videos you receive in Snapchat or Poke unopened; as soon as a file is viewed, the countdown to its deletion begins.

Then simply connect to a computer and open a free iPhone file explorer like i-FunBox. Open the “User Applications” folder, navigate to the “Snapchat” entry and voilà, all of the photos and videos you have received and not yet opened are available to be copied to your computer’s hard drive.

Then go back and view them normally in the app and the sender will be none the wiser.

The file path is a bit different for Facebook’s Poke app but the end result is the same.

This article was originally published by BGR

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Michael Phelps Splits with Girlfriend Megan Rossee: Report

By Andrea Billups

01/02/2013 at 09:30 AM EST

Megan Rossee and Michael Phelps

Tim Whitby/Getty

Michael Phelps and his girlfriend Megan Rossee have apparently broken up.

The Olympic swimming sensation, who has a record 22 medals and retired after the Summer 2012 Olympic Games, ended his relationship with Rossee, a model, because it wasn't going anywhere and he wanted to pursue other options, according to TMZ.com.

The couple had dated less than a year and charted their relationship on Twitter. While they have not publicly confirmed their split, recent Tweets suggest they're no longer a couple.

"Things happen for a reason. #notme," Phelps, 27, wrote on Twitter Monday.

Rossee, 25, later Tweeted a photo of this saying: "A woman's loyalty is tested when her man has nothing. A man's loyalty is tested when he has everything."

"Yup," she wrote.

On Instagram, Rossee posted a photo of her New Year's Eve celebration.

"The love of my life is the love between friends," she wrote. "Happy New Year! #truelove #bffs."

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Brain image study: Fructose may spur overeating

This is your brain on sugar — for real. Scientists have used imaging tests to show for the first time that fructose, a sugar that saturates the American diet, can trigger brain changes that may lead to overeating.

After drinking a fructose beverage, the brain doesn't register the feeling of being full as it does when simple glucose is consumed, researchers found.

It's a small study and does not prove that fructose or its relative, high-fructose corn syrup, can cause obesity, but experts say it adds evidence they may play a role. These sugars often are added to processed foods and beverages, and consumption has risen dramatically since the 1970s along with obesity. A third of U.S. children and teens and more than two-thirds of adults are obese or overweight.

All sugars are not equal — even though they contain the same amount of calories — because they are metabolized differently in the body. Table sugar is sucrose, which is half fructose, half glucose. High-fructose corn syrup is 55 percent fructose and 45 percent glucose. Some nutrition experts say this sweetener may pose special risks, but others and the industry reject that claim. And doctors say we eat too much sugar in all forms.

For the study, scientists used magnetic resonance imaging, or MRI, scans to track blood flow in the brain in 20 young, normal-weight people before and after they had drinks containing glucose or fructose in two sessions several weeks apart.

Scans showed that drinking glucose "turns off or suppresses the activity of areas of the brain that are critical for reward and desire for food," said one study leader, Yale University endocrinologist Dr. Robert Sherwin. With fructose, "we don't see those changes," he said. "As a result, the desire to eat continues — it isn't turned off."

What's convincing, said Dr. Jonathan Purnell, an endocrinologist at Oregon Health & Science University, is that the imaging results mirrored how hungry the people said they felt, as well as what earlier studies found in animals.

"It implies that fructose, at least with regards to promoting food intake and weight gain, is a bad actor compared to glucose," said Purnell. He wrote a commentary that appears with the federally funded study in Wednesday's Journal of the American Medical Association.

Researchers now are testing obese people to see if they react the same way to fructose and glucose as the normal-weight people in this study did.

What to do? Cook more at home and limit processed foods containing fructose and high-fructose corn syrup, Purnell suggested. "Try to avoid the sugar-sweetened beverages. It doesn't mean you can't ever have them," but control their size and how often they are consumed, he said.

A second study in the journal suggests that only severe obesity carries a high death risk — and that a few extra pounds might even provide a survival advantage. However, independent experts say the methods are too flawed to make those claims.

The study comes from a federal researcher who drew controversy in 2005 with a report that found thin and normal-weight people had a slightly higher risk of death than those who were overweight. Many experts criticized that work, saying the researcher — Katherine Flegal of the Centers for Disease Control and Prevention — painted a misleading picture by including smokers and people with health problems ranging from cancer to heart disease. Those people tend to weigh less and therefore make pudgy people look healthy by comparison.

Flegal's new analysis bolsters her original one, by assessing nearly 100 other studies covering almost 2.9 million people around the world. She again concludes that very obese people had the highest risk of death but that overweight people had a 6 percent lower mortality rate than thinner people. She also concludes that mildly obese people had a death risk similar to that of normal-weight people.

Critics again have focused on her methods. This time, she included people too thin to fit what some consider to be normal weight, which could have taken in people emaciated by cancer or other diseases, as well as smokers with elevated risks of heart disease and cancer.

"Some portion of those thin people are actually sick, and sick people tend to die sooner," said Donald Berry, a biostatistician at the University of Texas MD Anderson Cancer Center in Houston.

The problems created by the study's inclusion of smokers and people with pre-existing illness "cannot be ignored," said Susan Gapstur, vice president of epidemiology for the American Cancer Society.

A third critic, Dr. Walter Willett of the Harvard School of Public Health, was blunter: "This is an even greater pile of rubbish" than the 2005 study, he said. Willett and others have done research since the 2005 study that found higher death risks from being overweight or obese.

Flegal defended her work. She noted that she used standard categories for weight classes. She said statistical adjustments were made for smokers, who were included to give a more real-world sample. She also said study participants were not in hospitals or hospices, making it unlikely that large numbers of sick people skewed the results.

"We still have to learn about obesity, including how best to measure it," Flegal's boss, CDC Director Dr. Thomas Frieden, said in a written statement. "However, it's clear that being obese is not healthy - it increases the risk of diabetes, heart disease, cancer, and many other health problems. Small, sustainable increases in physical activity and improvements in nutrition can lead to significant health improvements."

___

Online:

Obesity info: http://www.cdc.gov/obesity/data/trends.html

___

Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

Mike Stobbe can be followed at http://twitter.com/MikeStobbe

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Man dies while trailing Justin Bieber's Ferrari

A photographer was hit by a car and killed Tuesday after taking shots of Justin Bieber's white Ferrari while it was pulled over by the California Highway Patrol, authorities said.

Police are interviewing the motorist who hit the 29-year-old man but no arrests have been made. Bieber was not in the car.

The photographer died at Ronald Reagan UCLA Medical Center. A friend of the photographer told KCAL-TV Channel 9 that he was not a professional.

The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the CHP for a traffic stop, according to LAPD Sgt. Rudy Lopez.

The CHP officer directed the driver of Bieber's car off the freeway and onto Sepulveda.

The photographer arrived at the scene, got out of his car and crossed Sepulveda to take photos. He was hit by the car as he went back across the boulevard to his own car, the sources said.

The paparazzi have tracked the driving habits of Bieber, 18, and the Los Angeles city attorney's office has been unsuccessful in its attempt to use a novel state law to limit their pursuits.

Judge Thomas Rubinson ruled in November that the state law did not pass constitutional muster in a case against Paul Raef, a photographer who sped on the 101 Freeway last year to capture Bieber receiving a traffic citation.

Passed in 2010, the law punishes paparazzi driving dangerously to obtain images they intend to sell. But Rubinson said the law violated 1st Amendment protections, potentially affecting wedding photographers or those speeding to events where celebrities are present.

andrew.blankstein@latimes.com

Times staff writer Garrett Therolf contributed to this report.

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IHT Rendezvous: What to Watch for in Europe in 2013

LONDON — New Year’s predictions, like New Year’s resolutions, are probably best avoided.

François Hollande, the French president, was perhaps tempting fate when he told his fellow citizens in a New Year’s message that everything would be done to reverse the growth in unemployment by the end of 2013.

And Britain’s prime minister, David Cameron, may have been offering a hostage to fortune when he assured Britons, “We are on the right track.”

Chancellor Angela Merkel appeared to better reflect the zeitgeist when she told her fellow Germans: “We still need a lot of patience. The crisis is far from over.”

The economy dominated in Europe in 2012. But it could have been worse. Despite pessimistic forecasts at the start of the year, the euro did not crash and burn.

So what is in store for 2013?

Predictions aside, here are a few developments to watch in Europe and nearby:

As Ms. Merkel says, Europe’s economic crisis is far from over. The economy will continue to be issue No. 1. On one hand, Europe will have to break a downward spiral for countries on its southern tier: their contracting economies are making it ever hard to escape debt and rekindle growth. And Europe will have to pray that France doesn’t become the next front in that fight.

“Europe still has plenty to worry about. Economic output is shrinking in 9 of the 17 nations that use the euro. European banks remain weak, and many have yet to confront their problems decisively,” my colleague Jack Ewing reported on Sunday.

There will be the fight over the European Union budget that was kicked down the road till this spring. And concerns that Great Britain could eventually be heading for a “Brexit.” Mr. Cameron is expected to affirm that he will seek to claw back powers that have been passed to Europe and that he is prepared to hold a national referendum on E.U. membership after the next British election.

And there is still the financing of all the E.U. bailouts — Greece and company — in which European leaders will have to convince their citizens to stay the course.

No citizens will be more important than the Germans. 2013 is an election year in Germany and Italy. Ms. Merkel is favored to retain the chancellorship in the face of what my colleague Nicholas Kulish has described as the gaffe-prone campaign of Peer Steinbrück, her Social Democratic Party rival.

In Italy, Mario Monti, the prime minister, will face the electorate in February as a politician rather than a technocrat, as Silvio Berlusconi, his predecessor, hovers in the wings. The center-left Democratic Party is favorite to win, with Mr. Monti tipped as possible finance minister in a new coalition.

Europeans will also be watching election developments in Israel and Iran. The results will affect the current standoff over Iran’s alleged nuclear weapon program after a year in which an Israeli military strike was at times predicted as imminent.

The Europeans have staked everything on firming up sanctions in a policy aimed as much at restraining Israel as it was at curbing Iran’s nuclear ambitions.

As my colleagues David E. Sanger and James Risen recently reported, there are signs Iran wants to avoid a direct confrontation and is now more interested in a deal to end the standoff.

At the start of the New Year, the civil war in Syria remains unresolved, while potential conflicts are looming on Europe’s periphery.

Mali is likely to be in the news as Western and fellow African states struggle to resolve how to deal with a crisis provoked by an Islamist takeover of the north of the country.

An international intervention might not be ready to deploy there until September. But look out for action earlier than that if France, in particular, perceives the need to counter what many see as a potential terrorist threat to Europe from the Islamist regime there.

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Eric Prydz Picks a New Year's Eve Playlist

By Dahvi Shira

12/31/2012 at 06:50 PM EST

Unfortunately not everyone can be in Las Vegas when the ball drops this year, but Eric Prydz is bringing the party to PEOPLE.com readers in advance.

The DJ and producer, 36 – best known for his 2004 hit single, "Call on Me" – is playing a three-hour extended set at Surrender Nightclub on Monday, and he's sharing the tracks he's most excited to spin, including songs from his album, Eric Prydz Presents Pryda.

"I love to play on New Year's Eve because it has that special tension in the air," Prydz says. "People are so excited about the new year coming, leaving the old behind and starting fresh. It's also the perfect excuse to blow off some steam after that long Christmas with family. Let's make New Year's Eve 2013 one to remember!"

Recently scoring a Grammy nomination for his remix of M83's "Midnight City," Prydz, who is relocating to Los Angeles, already predicts 2013 "is going to be an amazing year."

As for his evening playlist, he plans to "blend a lot of the highlights from the past year with classics and brand new music set to blow up in 2013."

Check out part of his planned set below:

• Jeremy Olander – "Let Me Feel"
"This tune has spring/summer of 2013 written all over it. It's such a feel good track!"
Listen here

• Fehrplay – "I Can't Stop It"
"Fehrplay had a great year in 2012 and is set to blow up in 2013. This is his forthcoming single on my Pryda Friends imprint. The first time I heard this record, it took me somewhere really nice."
Listen here

• Rone – "Parade (Dominik Eulberg Remix)"
"Every now and then there is a track that comes along and blows your mind. This is one of those tracks. Nine minutes of pure emotion."
Listen here

• Eric Prydz – "Every Day"
"This one has been huge for me this summer and fall. Enough said."
Listen here

• Pachanga Boys – "Time"
"This was the soundtrack of my summer 2012. And I'm sure I'm not alone on that one."
Listen here

• Para One – "When the Night (Breakbot Remix)"
"I've been a fan of Para One's music for many years and this one is no exception. This song has a great retro vibe with a modern touch from Breakbot on this remix."
Listen here

• Pig & Dan – "Savage"
"This is a real club stomper. I can't wait to play this one out."
Listen here

• Pryda – "The End"
"I had to throw this one in. It's one of the biggest releases on Pryda to date."
Listen here

• Green Velvet & Harvard Bass – "Lazer Beams"
"Hit me with those laser beams!"
Listen here.

• Deetron feat. Hercules & Love Affair – "Crave (Deetron cRAVE Dub)"
"This song is a dark, big room destroyer."
Listen here

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Clinton receiving blood thinners to dissolve clot

WASHINGTON (AP) — Doctors treating Secretary of State Hillary Rodham Clinton for a blood clot in her head said blood thinners are being used to dissolve the clot and they are confident she will make a full recovery.

Clinton didn't suffer a stroke or neurological damage from the clot that formed after she suffered a concussion during a fainting spell at her home in early December, doctors said in a statement Monday.

Clinton, 65, was admitted to New York-Presbyterian Hospital on Sunday when the clot turned up on a follow-up exam on the concussion, Clinton spokesman Phillipe Reines said.

The clot is located in the vein in the space between the brain and the skull behind the right ear. She will be released once the medication dose for the blood thinners has been established, the doctors said.

In their statement, Dr. Lisa Bardack of the Mount Kisco Medical Group and Dr. Gigi El-Bayoumi of George Washington University said Clinton was making excellent progress and was in good spirits.

Clinton's complication "certainly isn't the most common thing to happen after a concussion" and is one of the few types of blood clots in the skull or head that are treated with blood thinners, said Dr. Larry Goldstein, a neurologist who is director of Duke University's stroke center. He is not involved in Clinton's care.

The area where Clinton's clot developed is "a drainage channel, the equivalent of a big vein inside the skull. It's how the blood gets back to the heart," Goldstein said.

Blood thinners usually are enough to treat the clot and it should have no long-term consequences if her doctors are saying she has suffered no neurological damage from it, Goldstein said.

Clinton returned to the U.S. from a trip to Europe, then fell ill with a stomach virus in early December that left her severely dehydrated and forced her to cancel a trip to North Africa and the Middle East. Until then, she had canceled only two scheduled overseas trips, one to Europe after breaking her elbow in June 2009 and one to Asia after the February 2010 earthquake in Haiti.

Her condition worsened when she fainted, fell and suffered a concussion while at home alone in mid-December as she recovered from the virus. It was announced Dec. 13.

This isn't the first time Clinton has suffered a blood clot. In 1998, midway through her husband's second term as president, Clinton was in New York fundraising for the midterm elections when a swollen right foot led her doctor to diagnose a clot in her knee requiring immediate treatment.

Clinton had planned to step down as secretary of state at the beginning of President Barack Obama's second term. Whether she will return to work before she resigns remained a question.

Democrats are privately if not publicly speculating: How might her illness affect a decision about running for president in 2016?

After decades in politics, Clinton says she plans to spend the next year resting. She has long insisted she had no intention of mounting a second campaign for the White House four years from now. But the door is not entirely closed, and she would almost certainly emerge as the Democrat to beat if she decided to give in to calls by Democratic fans and run again.

Her age — and thereby health — would probably be a factor under consideration, given that Clinton would be 69 when sworn in, if she were elected in 2016. That might become even more of an issue in the early jockeying for 2016 if what started as a bad stomach bug becomes a prolonged, public bout with more serious infirmity.

Not that Democrats are willing to talk openly about the political implications of a long illness, choosing to keep any discussions about her condition behind closed doors. Publicly, Democrats reject the notion that a blood clot could hinder her political prospects.

"Some of those concerns could be borderline sexist," said Basil Smikle, a Democratic strategist who worked for Clinton when she was a senator. "Dick Cheney had significant heart problems when he was vice president, and people joked about it. He took the time he needed to get better, and it wasn't a problem."

It isn't uncommon for presidential candidates' health — and age — to be an issue. Both in 2000 and 2008, Sen. John McCain, R-Ariz., had to rebut concerns he was too old to be commander in chief or that his skin cancer could resurface.

Two decades after Clinton became the first lady, signs of her popularity — and her political strength — are ubiquitous.

Obama had barely declared victory in November when Democrats started zealously plugging Clinton as their strongest White House contender four years from now, should she choose to take that leap.

"Wouldn't that be exciting?" House Democratic leader Nancy Pelosi declared in December. "I hope she goes. Why wouldn't she?"

Even Republicans concede that were she to run, Clinton would be a force to be reckoned with.

"Trying to win that will be truly the Super Bowl," Newt Gingrich, the former House Speaker and 2012 GOP presidential candidate, said in December. "The Republican Party today is incapable of competing at that level."

Americans admire Clinton more than any other woman in the world, according to a Gallup poll released Monday — the 17th time in 20 years that Clinton has claimed that title. And a recent ABC News/Washington Post poll found that 57 percent of Americans would support Clinton as a candidate for president in 2016, with just 37 percent opposed. Websites have already cropped up hawking "Clinton 2016" mugs and tote bags.

Beyond talk of future politics, Clinton's three-week absence from the State Department has raised eyebrows among some conservative commentators who questioned the seriousness of her ailment after she canceled planned Dec. 20 testimony before Congress on the deadly attack on the U.S. diplomatic mission in Benghazi, Libya.

Clinton had been due to discuss with lawmakers a scathing report she had commissioned on the attack. It found serious failures of leadership and management in two State Department bureaus were to blame for insufficient security at the facility. Clinton took responsibility for the incident before the report was released, but she was not blamed. Four officials cited in the report have either resigned or been reassigned.

___

Associated Press writer Ken Thomas in Washington and AP Chief Medical Writer Marilynn Marchione in Milwaukee contributed to this report.

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Ruling over bumper-car injury supports amusement park

SAN FRANCISCO — The California Supreme Court, protecting providers of risky recreational activities from lawsuits, decided Monday that bumper car riders may not sue amusement parks over injuries stemming from the inherent nature of the attraction.

The 6-1 decision may be cited to curb liability for a wide variety of activities — such as jet skiing, ice skating and even participating in a fitness class, lawyers in the case said.

"This is a victory for anyone who likes fun and risk activities," said Jeffrey M. Lenkov, an attorney for Great America, which won the case.

But Mark D. Rosenberg, who represented a woman injured in a bumper car at the Bay Area amusement park, said the decision was bad for consumers.

"Patrons are less safe today than they were yesterday," Rosenberg said.

The ruling came in a lawsuit by Smriti Nalwa, who fractured her wrist in 2005 while riding in a bumper car with her 9-year-old son and being involved in a head-on collision. Rosenberg said Great America had told ride operators not to allow head-on collisions, but failed to ask patrons to avoid them.

The court said Nalwa's injury was caused by a collision with another bumper car, a normal part of the ride. To reduce all risk of injury, the ride would have to be scrapped or completely reconfigured, the court said.

"A small degree of risk inevitably accompanies the thrill of speeding through curves and loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions," Justice Kathryn Mickle Werdegar wrote for the majority. "Those who voluntarily join in these activities also voluntarily take on their minor inherent risks."

Monday's decision extended a legal doctrine that has limited liability for risky sports, such as football, to now include recreational activities.

"Where the doctrine applies to a recreational activity," Werdegar wrote, "operators, instructors and participants …owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the activity."

Amusement parks will continue to be required to use the utmost care on thrill rides such as roller coasters, where riders surrender control to the operator. But on attractions where riders have some control, the parks can be held liable only if their conduct unreasonably raised the dangers.

"Low-speed collisions between the padded, independently operated cars are inherent in — are the whole point of — a bumper car ride," Werdegar wrote.

Parks that fail to provide routine safety measures such as seat belts, adequate bumpers and speed controls might be held liable for an injury, but operators should not be expected to restrict where a bumper car is bumped, the court said.

The justices noted that the state inspected the Great America rides annually, and the maintenance and safety staff checked on the bumper cars the day Nalwa broke her wrist. The ride was functioning normally.

Reports showed that bumper car riders at the park suffered 55 injuries — including bruises, cuts, scrapes and strains — in 2004 and 2005, but Nalwa's injury was the only fracture. Nalwa said her wrist snapped when she tried to brace herself by putting her hand on the dashboard.

Rosenberg said the injury stemmed from the head-on collision. He said the company had configured bumper rides in other parks to avoid such collisions and made the Santa Clara ride uni-directional after the lawsuit was filed.

Justice Joyce L. Kennard dissented, complaining that the decision would saddle trial judges "with the unenviable task of determining the risks of harm that are inherent in a particular recreational activity."

"Whether the plaintiff knowingly assumed the risk of injury no longer matters," Kennard said.

maura.dolan@latimes.com

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