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Dailey v. Sports World South9/30/2003
Appellant brought this wrongful death action alleging negligent supervision and instruction during a scuba-diving class. The district court granted summary judgment to respondents based on an exculpatory clause in the release signed by the decedent. Appellant argues the district court erred in granting summary judgment because: (1) the exculpatory clause is unenforceable; and (2) the exculpatory clause does not apply to the instructors not specifically named in it. We affirm.
FACTS
Sports World South, Inc., d/b/a Scuba Center (Scuba Center) offers a scuba-diving class consisting of classroom and pool training, followed by an open-water-training dive. Kamyab Aghai Tabriz (Tabriz) enrolled in Scuba Center's open-water course. On Juneá15, 2001, Tabriz signed a document entitled "Liability Release and Express Assumption of Risk" (release).
Beginning on June 15, 2001, Tabriz attended the classroom and pool training. Rick Duffy was the instructor. According to Duffy, Tabriz "demonstrated mastery of all theoretical concepts and performance requirements and was therefore qualified to begin his open water training."
On June 23, 2001, Tabriz participated in the open-water training. Ten students attended and were divided into two groups. Six students, including Tabriz, were assigned to one instructor, Mary Nelson, and the four remaining students were assigned to the other instructor, Dan Schibel. The students were grouped in pairs, in accordance with established safe diving practices that require using the buddy system throughout every dive.
Tabriz's group began by doing a dive and swim around the perimeter of a course laid out by colored rope near the bottom of the lake. The other group began by performing skills tests near the shore. Tabriz apparently became uncomfortable during the dive and joined the other group near the shore. When the second group began their dive and swim, Tabriz joined them with instructor Schibel as his buddy. Upon surfacing, the instructors realized Tabriz was missing. He was subsequently found in 15 to 16 feet of water with his regulator out of his mouth. Tabriz later died at the hospital. According to the police report, the autopsy indicated Tabriz died from drowning.
Appellant, as trustee for the heirs and next-of-kin of Tabriz, initiated a wrongful-death claim against respondents. Appellant's complaint alleged respondents negligently caused Tabriz's death by failing to provide proper instruction, supervision, and warnings during the open-water dive.
Respondents moved for summary judgment, arguing that the negligence claims were barred by the exculpatory release signed by Tabriz. The district court agreed and granted respondents' motion for summary judgment and dismissed appellant's complaint with prejudice.
DECISION
I.
On appeal from summary judgment, this court asks two questions: (1) whether there are any genuine issues of material facts; and (2) whether the district court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990).
Appellant argues the release signed by Tabriz is unenforceable as a matter of law because it (1) purports to release respondents from willful or wanton recklessness, or intentional conduct; (2) is ambiguous in scope; and (3) violates public policy.
1. Willful or wanton recklessness or intentional conduct
"If clause... purports to release the benefited party from liability for intentional, willful or wanton acts, it will not be enforced." Schlobohm v. Spa Petite, Inc., 326 N.W.2d 920, 923 (Minn. 1982). Moreover, a clause exonerating a party fro
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