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Rudolph v. Arizona B.A.S.S. Federation Aka Arizona Bass Angler''s Sportsmen Society Chapter Federation Inc.6/29/1995
WEISBERG, Judge
Plaintiffs appeal the trial court's granting of defendants' motion for summary judgment in a negligence action. Because we disagree with the trial court's Conclusion that defendants owed no duty to plaintiffs' deceased daughter, we reverse and remand for further proceedings.
FACTS AND PROCEDURAL BACKGROUND
On Sunday, May 3, 1992, defendant Grand Canyon Bass Busters ("GCBB") sponsored a bass fishing tournament. The tournament originally had been planned for Alamo Lake but, because that lake was unavailable for the selected weekend, the GCBB membership voted to hold the tournament at Bartlett Lake. They did so despite the opposition of a number of the members who felt that Bartlett Lake was too congested with boat and jet ski traffic.
To hold its tournament on Bartlett Lake, GCBB obtained a permit from the United States Forest Service. The permit was signed by defendant Richard Diaz, who served as president of GCBB and director of the tournament. GCBB accepted the permit subject to the condition that "the permittee shall assure that all participants operate boats in a safe and reasonable manner without endangering the peace and safety of other persons in and about the lake."
GCBB did not, however, patrol the lake to ensure that participants were obeying the rules during the tournament because, according to Diaz, club members were expected to police themselves. Nor did the club provide any safety instructions to the tournament participants or require that its members take any boating safety classes. The club did, however, advise its members to be very courteous while on the lake.
Tournament participants were allowed to fish the entire lake, which covers more than 2,700 acres. Nevertheless, GCBB designated only one weigh-in site, which was located near the main launch area. The tournament required participants to return to the weigh-in station before a 1:00 p.m. deadline to avoid penalties or even disqualification.
On the date of the tournament, plaintiffs' daughter, Heather, and her friend, who were not participating in the tournament, were riding a jet ski on Bartlett Lake. At approximately 12:55 p.m., a boat operated by James A. Kirkland collided with the jet ski. Heather and her friend died at the scene.
At the time of the accident, Kirkland and his passenger, Phil Allen, were participating in the tournament. When the crafts collided, approximately five minutes before the 1:00 p.m. deadline, Kirkland's boat was travelling at a speed in excess of forty miles per hour and was headed toward the weigh-in station approximately four miles away.
Kirkland had not caught any fish on that day, but Allen had caught a fourteen-inch fish estimated to weigh two and one-half pounds. Though Allen said that he did not believe he would win anything with a fish that size, bass of lesser size had won prizes in previous GCBB tournaments. In fact, Allen had won "1st Big Fish" with a bass of 2.15 pounds in a prior tournament.
In September, 1992, plaintiffs filed a wrongful death action against Kirkland and his wife; the Arizona B.A.S.S. Federation ("the Federation"), GCBB's parent organization; GCBB; and Diaz and his wife ("the Diazes"). Plaintiffs alleged that the Federation and GCBB were negligent in providing only one weigh-in station and requiring the tournament participants to return to the dock at a time when the lake would be otherwise congested. They also alleged that the Federation and GCBB negligently failed to control and supervise the participants in the tournament and to conduct the tournament within state regulations.
The Federation, GCBB, and the Diazes fil
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