 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Chauvlier v. Booth Creek Ski Holdings12/3/2001
In this personal injury action, Francois Chauvlier sued Booth Creek Ski Holdings, Inc. after he was injured while skiing at Alpental, a recreational ski area owned by Booth Creek. The trial court granted Booth Creek's motion for summary judgment based on a liability release Chauvlier signed when applying for his season ski pass. Because the release Chauvlier signed was sufficiently clear and conspicuous and does not violate Washington public policy, we affirm the trial court's summary judgment order.
FACTS
Francois Chauvlier went skiing with a friend at Alpental in the spring of 1999. Chauvlier claims that while going down a trail called 'Debbie's Gold,' he ran into unmarked 'bump/jumps' and 'half-pipe' walls that had been erected by the ski area for use in an upcoming snowboarding competition called 'Surf the Summit.' Chauvlier claims he could not have seen the man-made structures from the top of the run and was completely surprised when he hit the structures and 'went airborne.' He contends Booth Creek was negligent in putting the temporary structures on the run and keeping the run open without warning recreational skiers.
Booth Creek moved for summary judgment arguing it owed no duty to Chauvlier because he signed the liability release printed on his ski pass application. About a month before the accident, Alpental offered, and Chauvlier purchased, a reduced price Spring season ski pass. To take advantage of the bargain price, Chauvlier had to turn in the day pass he had purchased earlier in the day. He was not required to sign a liability release when he paid full price for the day pass, but he did have to sign one in order to get the discounted spring season pass. The release alerted Chauvlier to the risk of colliding with 'man-made structures or objects,' and contained a 'promise not to bring a claim against or sue {Booth Creek}.' The agreement released Booth Creek 'from any and all liability for personal injury {,} including death, and property damages resulting from {Booth Creek's} {n}egligence or otherwise.'
Chauvlier recalls there 'was a frenzied feeling amongst many people about getting the reduced price ski pass.' He claims the transaction at the ticket booth was extremely short, and that he had 'no time or opportunity to read anything during the transaction.' In his declaration, he states that the 'ticket seller said nothing about waivers or releases.' But Booth Creek contends that Chauvlier had 'plenty of time to read and review the liability Release' since there was a wait time of 15-20 minutes to purchase a pass. In addition, Booth Creek points out that Chauvlier had purchased season passes containing similar releases in the years prior to the accident.
The trial court granted summary judgment in favor of Booth Creek based on the liability release. Chauvlier argues that the release is unenforceable because (1) the language was not sufficiently clear; (2) it was inconspicuous; and (3) it violates Washington public policy.
ANALYSIS
Summary judgment is appropriate where there is no genuine issue of material fact and the movant is entitled to a judgment as a matter of law.
On a motion for summary judgment, the court views all evidence and draws all reasonable inferences in the light most favorable to the nonmoving party. On appeal, we review the order de novo.
To prevail on his negligence claim, Chauvlier must establish that Booth Creek owed him a duty of care. Whether there is a duty of care is a question of law. The Washington Supreme Court has recognized the right of parties 'expressly to agree in advance that the defendant is under no obligation of care for the benefit of
Page 1 2 3 4 5 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|