Law Review - Case Finder


Article Thumbnail GRUTKOWSKI, et al. v. STEAMBOAT LAKE GUIDES & OUTFITTERS, INC., et al.
Mar 29, 2007
This wrongful death action was brought by Jeffrey and Mark Grutkowski as co-administrators of the estate of Steven R. Grutkowski ("Grutkowski"), who died on March 20, 1996 in a snowmobiling accident in Routt [*2] National Forest in Colorado. The defendants are Steamboat Lake Guides & Outfitters, Inc. ("SLO"), a tour operator and outfitter which conducted the snowmobiling tour on which Grutkowski was killed, and Polaris Industries, Inc. ("Polaris"), which manufactured the snowmobile Grutkowski was riding when he died. SLO filed a motion to dismiss this complaint under Fed. R. Civ. P. 12 (b)(2), asserting that this court does not have personal jurisdiction over it.
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Article Thumbnail Johnson, v. New River Scenic Whitewater Tours, Inc, 313 F. Supp. 2d 621; 2004 U.S. Dist. LEXIS 6166
Mar 29, 2007
On August 13, 1999, fourteen-year old Lindsay Gillespie ("Lindsay") died while [**2] participating in a rafting trip on the New River that was led by Defendant New River Scenic Whitewater Tours, Inc. and its employee, Defendant Clayton Scott (collectively, "New River Scenic"). Lindsay's mother, Plaintiff Karen Johnson ("Ms. Johnson"), n1 filed this suit against New River Scenic and Scott, alleging that their conduct was the proximate cause of Lindsay's death. New River Scenic subsequently filed a third party complaint against Fort Johnson Baptist Church ("Fort Johnson") and its alleged employee, John Peters ("Peters "), asserting that they were contractually obligated to indemnify New River Scenic based on two documents signed by Peters the morning of the trip that contain language of both release of liability and indemnification. Fort Johnson and Peters now move for summary judgment against New River Scenic and Scott. Ms. Johnson seeks an order precluding any party from referencing these documents at trial.
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Article Thumbnail Van Horn, v. Watson, 2007 Cal. App. LEXIS 403
Mar 29, 2007
In a personal injury action arising from a single vehicle accident, a passenger alleged that a friend who was riding in another vehicle negligently removed her from the car after the accident, causing permanent paraplegia. The friend's deposition testimony indicated that she removed the passenger from the vehicle because she feared that the car would catch fire or blow up. The trial court granted summary judgment against the passenger and against the driver on a cross-complaint, finding that the friend was entitled to immunity from liability under Health & Saf. Code, § 1799.102.
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Article Thumbnail Michigan Case Extends Ski Area Safety Act to Snowmobiling
Jan 25, 2007
Snowmobiling is a popular sport in the Midwest, where long flat fields and ditches serve as winter playgrounds. In many places, all ditches are considered fair game by snowmobilers, who create trails crisscrossing public and private property. The activity has become a viable tourism industry, with previously summer-only tourist destinations relying heavily on snowmobiling for winter income. Accidents are common, with snowmobilers hitting poles or fences buried in the snow.
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Article Thumbnail Spencer v. ,Killington, Ltd 167 Vt. 137; 702 A.2d 35; 1997 Vt. LEXIS 267
Jan 10, 2007
Killington Ltd. and Steven Miller (hereinafter Killington) contend that the above-titled case should be reargued and remanded for development of a full factual record because this Court (1) mistakenly assumed that the "Ski Bum" race series was open to the general public, and (2) overlooked the fact that Killington did not charge either plaintiff or the Killington Ski Club for providing the site and assistance that made the race series possible. According to Killington, a full exploration of these facts is necessary because they are material to the "totality of the circumstances" and "societal expectations" regarding the enforceability of the release.
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Article Thumbnail Connecticut Supreme Court takes yet another bite out of releases with latest decision
Dec 30, 2006
The Connecticut Supreme Court has struck again in Reardon v. Windswept Farm, LLC, Et Al., 280 Conn. 153; 905 A.2d 1156; 2006 Conn. LEXIS 330. In this case, following its decision in Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314, 885 A.2d 734 (2005) (See Connecticut Supreme Court overrules prior law in deciding releases no longer valid) the Connecticut Supreme Court threw out the release signed by the plaintiff. In the process the court made clear its intention to not support any release signed in Connecticut. At the same time, the Court identified a major hole in defending equine liability cases, the equine liability protection statutes.
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Article Thumbnail Pennsylvania Supreme Court decision endangers strength of releases in recent decision
Dec 19, 2006
It appears with this case, the Pennsylvania Supreme Court is moving toward invalidating releases. No death knell has been handed down, but slowly over the past two years the Pennsylvania Supreme Court has been knocking the supports that hold up release law. The plaintiff in this case had signed a release and admitted understanding the Pennsylvania Skier’s Responsibility Code. However the Court sent the case back to the trial court throwing out the release on two separate issues, one of which will add hours to every recreational program or even doom releases in Pennsylvania.
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Article Thumbnail Killington Held Potentially Liable to the Ski Bums
Dec 15, 2006
To many individuals, the back of a lift ticket serves as a well-known warning: be alert to manmade and natural hazards, ski within your ability, and abide by all rules of the mountain. To the more unfamiliar skier, the same ticket serves as constructive notice of the sport’s inherent dangers and changing conditions on the slopes.
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Article Thumbnail New Jersey Supreme Court tosses yet another wrinkle into equine liability
Dec 1, 2006
Stoffels vs. Harmony Hill Farm, 2006 N.J. Super. LEXIS 336 the New Jersey Supreme Court examined the New Jersey Equine Liability Act (N.J.S.A. 5:15 et seq.). Unlike most equine liability acts, the New Jersey Act has five exceptions where the owner of a horse can be held liable. In this case New Jersey Supreme Court stated that fall from a horse is an inherent risk of horseback riding; however the defendant was liable because an exception to the New Jersey Equine Act required the horse owner match the horse to the rider. The plaintiff was able to argue facts that the defendant had not matched the horse to the rider.
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Article Thumbnail Case Brief: California Appellate Court rules in favor of releases when signed by a parent
Nov 20, 2006
In Lashley v. East County Gymnastics, the California Appellate court reaffirmed that California law bars recovery for an injury to a minor when a release is signed by a parent. The case also discusses in understandable detail the requirements of writing a release in California and, if followed, for most other states.
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Article Thumbnail Case Brief: 1985 Idaho Supreme Court finds releases cannot be used to prevent a lawsuit
Nov 1, 2006
In 1985, Idaho preceded West Virginia and New Mexico in determining a statute that protects an industry also prohibits the industry from using a release. The Idaho Supreme Court found that an outfitter or guide that was subject to a state outfitter statute could not use a release of liability to stop a lawsuit. In this case a stable that offered trail rides was sued by a plaintiff attending a conference in Sun Valley, Idaho. During the ride the plaintiff’s saddle slipped and his horse reared throwing the plaintiff to the ground injuring him. The plaintiff sued for his injuries claiming the saddle was improperly mounted on the horse.
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Article Thumbnail Hummel v. Ski Shawnee, Inc 2006 PA Super 159; 902 A.2d 1266; 2006 Pa. Super. LEXIS 1547
Oct 30, 2006
In this negligence suit involving a snow tubing injury at a ski resort, Suzanne Beck-Hummel ("Beck-Hummel") and Michael Hummel ("Hummel") (collectively, the "Hummels") appeal the July 8, 2005 order of the Monroe County Court of Common Pleas entering summary judgment in favor of Ski Shawnee, Inc. We reverse and remand.
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Article Thumbnail Capri, v. L.A. Fitness International, LLC, 136 Cal. App. 4th 1078; 39 Cal. Rptr. 3d 425; 2006 Cal. App. LEXIS 201; 2006 Daily Journal DAR 1900
Oct 8, 2006
A health club member alleged that the club was negligent or negligent per se when it allowed algae to accumulate on the pool deck, causing a slip-and-fall accident in which the member was injured. The trial court granted summary judgment for the club based on the member's waiver and release, which he had signed as part of his membership agreement. (Superior Court of Los Angeles County, No. LC068545, Richard B. Wolfe, Judge.)
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Article Thumbnail Gershon v. Regency Diving Center, Inc, 368 N.J. Super. 237; 845 A.2d 720; 2004 N.J. Super. LEXIS 143
Oct 8, 2006
In this appeal we are asked to decide whether an exculpatory release, executed by decedent as a condition of receiving scuba diving instructions from defendants, precludes decedent's heirs from bringing a wrongful death action pursuant to N.J.S.A. 2A:31-1 to -6. This is an issue of first impression in this State.
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Article Thumbnail KHANOLKAR, v LAKESIDE BIKE RENTAL, INC., and ARNOLD TRANSIT COMPANY, 2006 Mich. App. LEXIS 799
Oct 8, 2006
Plaintiff was injured when the chain came off of a rented bicycle he was riding, causing him to fall. At issue is the validity of a release of liability form that plaintiff signed prior to renting the bicycle from defendants' bike rental facility. The trial court held that plaintiff's negligence action was barred by the release and granted summary disposition in favor of defendants on that basis. Plaintiff appeals as of right, and we affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
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