that Cardenas was “outstanding and the accident was not at all [his] fault. And of course, [Kalter] fell on a day of totally independent activities.” (See Dobbins Dep. 13-25; see also Garvey Dep. 121:21- 25.) Moreover, even if Grand Circle or Cardenas erred in estimating Kalter’s ability to hike on her own across the uneven terrain at Machu Picchu in rainy weather, “an instructor’s assessment errors — either in making the necessarily subjective judgment of skill level or the equally subjective judgment about the difficulty of conditions — are in no way ‘outside the range of the ordinary activity involved in the sport.’ ” Kane v. Nat’l Ski Patrol, 88 Cal.App.4th 204, 214, 105 Cal.Rptr.2d 600 (Cal.Ct.App.2001); see also Andia, 2007 WL 4258634, at *5, 2007 U.S. Dist. LEXIS 88247, at *16 (<HOLDING>). Plaintiffs have submitted a declaration by
holding that tour guides decision to allow plaintiff to return to the rangers station alone during a guided hike to a lava flow  at most constituted assessment errors but these subjective judgments about the difficulty of the conditions were in no way so reckless as to be totally outside the range of the ordinary activity involved in the activity of lava hiking holding that for recovery under the mississippi tort claims act to be barred because of a victims criminal activity at the time of the injury it must beshown that the criminal activity has some causal nexus to the wrongdoing of the tortfeasor holding that the fact that employer had knowledge of the employees protected activity was not sufficient to establish a prima facie case of retaliation where the timing of the discharge was not proximate to the protected activity holding that a plaintiffs retaliation claim is cognizable even in the absence of protected activity as long as his employer perceived him to be engaged in such activity holding that the plaintiff had to provide direct or circumstantial evidence that the supervisors who took the adverse action against the plaintiff knew about the protected activity prior to taking that action