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Steele v. Mt. Hood Meadows Oregon3/17/1999
Argued and submitted, February 5, 1999.
Reversed and remanded.
Armstrong, J., Concurring.
On cross-motions for summary judgment, the trial court ruled that a release printed on the back of a ski-lift ticket barred plaintiff's wrongful death action. The court accordingly granted defendant's motion, denied plaintiff's motion, and entered judgment for defendant. We reverse and remand.
On January 28, 1996, William Jameson went skiing at Mt. Hood Meadows with his brother and two friends. They bought day passes at the lift ticket booth. A day pass is relatively small, approximately three and a quarter by four inches in size. One side of the pass permits the holder to ski at Mt. Hood Meadows for a portion of the day. There is a burgundy border at the bottom of the pass. Printed within the border is a direction to the purchaser to read the "contract of release and indemnification agreement, terms and conditions, and assumption of risk notices" on the other side of the pass.
The other side of the pass provides:
"Skiing Is a Hazardous Sport"
"The purchaser or user of this ticket accepts and assumes the inherent risks of skiing including man-made objects, changing conditions, natural obstacles, weather, and other skiers. (ORS 30.970-30.990)"
"All Injuries Must Be Reported"
"to the Area Medical Clinic"
"Contract of Release and Indemnification Agreement"
"In consider[ation f]or lift access, the holder of this lift ticket agrees to lease and indemnify Mt. Hood Meadows from any claims for personal injury and loss of/or damage to property arising in connection with or resulting from the use of this ticket or the area facilities."
"Terms and Conditions"
"Mt. Hood Meadows is not responsible for loss or theft of this ticket. Good date of valuation only. Warning: This ticket may be removed for fast, discourteous, or reckless skiing and for failure to obey posted closures. Non-Transferable, non-refundable, void if detached."
Two signs at the ski resort called attention to the terms printed on the back of the pass. First, Mt. Hood Meadows posted small signs next to the ticket windows where day passes are sold. Those signs state "Additional terms stated on lift ticket" and describe how to attach the ticket. Second, larger signs are posted on the ticket booths and in the rest rooms. Those signs are headed by the word "IMPORTANT" in red, capital letters. They then divide into three parts. The first part states in smaller letters: "Please read the contract of release on your lift ticket. You are responsible for your own safety (ORS 30.970)." (Emphasis in original.) The second part sets out the "Skier's Responsibility Code," which consumes most of the sign. The last part of the sign states: "Please report any injury to the ski area operator immediately. Failure to notify the ski area operator by certified mail within 180 days of discovery of the injury may bar a claim for injuries (ORS 30.980)." While Jameson was skiing at Mt. Hood Meadows, he suffered injuries that allegedly led to his death. Jameson's sister brought a wrongful death action against Mt. Hood Meadows on behalf of her brother's estate claiming that Mt. Hood's negligence had caused his death. More specifically, the complaint alleges that Jameson's death was the result of Mt. Hood Meadows' negligent failure to warn skiers of a hazard "when it was reasonably expected that skiers would be recreating in this area." Mt. Hood Meadows moved for summary judgment on the ground that the release on the back of the day pass barred plaintiff's wrongful death action. Plaintiff filed a motion for
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