Dailey v. Sports World South9/30/2003
m liability is strictly construed against the benefited party. Id. But whether an agreement's language is ambiguous is a question of law in the first instance. Blattner v. Forster, 322 N.W.2d 319, 321 (Minn. 1982). Therefore, this court reviews de novo the district court's determination that the release exonerates respondents for acts of negligence only. See Frost-Benco Elec. Ass'n v. Minnesota Pub. Utils. Comm'n, 358 N.W.2d 639, 642 (Minn. 1984).
The release signed by Tabriz provided the following:
I understand and agree that neither my instructor(s), _______ the facility through which I received by instruction, _______ nor International PADI, Inc., nor any of their respective employees, officers, agents or assigns, (hereinafter referred to as "Released Parties") may be held liable or responsible in any way for any injury , death, or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this diving class or as a result of the negligence of any party, including the Released Parties, whether passive or active.
"Rick Duffy" was handwritten in the first blank and "Scuba Center" was inserted in the second blank. The final paragraph in the release also addresses respondents' liability as follows:
IT IS THE INTENTION OF _________ BY THIS INSTRUMENT TO EXEMPT AND RELEASE MY INSTRUCTORS, ________ THE FACILITY THROUGH WHICH I RECEIVED MY INSTRUCTION ________ AND INTERNATIONAL PADI, INC, AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY , PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
Handwritten in the three spaces respectively are, "Kamyab A. Tabriz," "Rick Duffy," and "Scuba Center."
The language contained in this release is substantially similar to the language of the releases upheld in Schlobohm and Malecha v. St. Croix Valley Skydiving Club, Inc., 392 N.W.2d 727 (Minn. App. 1986), review denied (Minn. Oct. 29, 1986). In Schlobohm, the plaintiff signed a release agreeing not to hold Spa Petite, a health club, liable for any claims, demands, injuries, damages, actions or causes of action, whatsoever to member or property arising out of or connected with the use of any of the services and facilities of Spa Petite... member does hereby expressly forever release and discharge the said Spa Petite from all such claims, demands, injuries, damages, actions or causes of action, and from all acts of active or passive negligence on the part of such company, corporation, club, its servants, agents, or employees.
Schlobohm, 326 N.W.2d at 921-22. The court determined that this language "exonerate Spa Petite from liability for acts of negligence and negligence only." Id. at 923. Similar to the case here, the court also noted that the claims of the plaintiff were based on negligence only and there was no claim that Spa Petite acted willfully, intentionally, or wantonly. Id.
In Malecha, the waiver provided:
That I, [Rick Malecha], the undersigned, while engaging in the sport of parachuting or skydiving, do hereby agree for myself, my heirs, executors, administrators and assigns, that neither said St. Croix Valley Skydiving Club Inc., nor any of its officers or members shall be held responsible or liable for any negligence implied or otherwise, or personal injury, or death, or property loss, or damage suffered or sustained by me in connection with or arising out of or resulting from any or all parachuting or skydiving activities engaged in by me; and further, I do hereby, for myself, my heirs, administrators, execut
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