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DAVIS v. SUN VALLEY SKI EDUC. FOUNDATION6/26/1997
claim that may accrue to Davis for personal injuries. The release states that "Parent(s) (and Skier if 18 years of age or older) hereby release and discharge" the
foundation from any claims. At the time of the accident, Davis was under the age of eighteen. Therefore, the foundation release only releases any claims of Davis's parents and not the claims of Davis. Davis's parents are not parties in the present case.
By its terms, the USSA release does not apply to any liability the foundation may have and is irrelevant concerning the relationship between Davis and the foundation. Because the foundation release does not purport to release the claims of Davis and the USSA release is not applicable, we do not consider whether a pre-injury release of a minor's claim is valid.
C. Expert Evidence Concerning Davis's Loss of Income.
Defendants assert that the trial court should not have allowed Davis to present expert evidence concerning her loss of income based on Davis becoming an orthopedic surgeon. We do not address this question because the trial took place in September 1995 while Davis was pursuing her pre-medical training. At the new trial, which will undoubtedly be at least several months in the future, if not longer, the facts concerning Davis's future prospects will be different than they were at the first trial.
V.
CONCLUSION
We affirm the trial court's grant of a new trial pursuant to I.R.C.P. 59(a)(7), and remand the case to the trial court. For the guidance of the trial court and the parties, we have also addressed some other questions that may arise during the new trial.
We award Davis costs on appeal.
TROUT, C.J., and McDEVITT, SILAK and SCHROEDER, JJ., concur.
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