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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