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Tincani v. Inland Empire Zoological Society6/16/1994
GUY, J.--Petitioner inland Empire Zoological Society, doing business as Walk in the Wild Zoo (hereafter Zoo), seeks review of a Court of Appeals decision affirming a judgment against it in a personal injury action brought on behalf of Richard Tincani. We reverse and remand for a new trial.
FACTS
On November 12, 1987, Richard Tincani, along with 39 eighth and ninth grade students from Frontier Junior High School in Moses Lake, departed on a field trip to several points of interest in Spokane. The students were accompanied by two teachers, the school principal, and four parents. Tincani was 14 years and 11 months old at the time of the trip.
After visiting several locations in the morning, the group of students and adults traveled by bus to the Zoo in the early afternoon. The Zoo, which is located in the Spokane Valley, is a 240-acre zoological and botanical preserve. In November 1987, the general layout of the Zoo included a circular trail that proceeded through a natural setting in which animals were exhibited roaming free or in cages. At the entrance to the Zoo, adjacent to the turnstiles, was a 2-foot by 4-foot sign that included the statement: "STAY ON MAIN TRAIL". The circular main trail is a 4- to 6-foot wide hard-packed dirt trail, marked in some areas by stones or pebbles. The stated purpose of the directions to "stay on main trail" was to protect the Zoo's natural habitat from damage by visitors. The Zoo also has a number of unmarked paths and trails resulting
from erosion, other visitors, and animals, none of which are depicted on the map.
When the group arrived at the Zoo, Larry Koester, the students' biology teacher and organizer of the trip, went to the entrance window and announced to a Zoo employee the group had arrived. The Zoo charged each student a $1 admission fee, which Koester had collected and paid upon arrival. Other than receiving general greetings, Koester did not receive any special instructions from Zoo officials. Koester testified he had called the Zoo in advance to ask questions about bringing a large group and whether there were any special requirements. No special instructions were given. Although the Zoo had an unwritten chaperon policy which required an adult chaperon for every group of five to six children, this policy was not generally enforced.
Before entering the Zoo, Koester instructed the students to act as responsible young adults. Koester informed the students they would be on their own to explore whatever interested them within the Zoo. Koester was given a bundle of 18-20 maps of the Zoo, which he handed to a student to distribute among the field trip participants. The map instructed people to "PLEASE STAY ON MAIN TRAIL". The Zoo was aware visitors often followed animal paths off the main trail.
Tincani and four of his schoolmates headed down the main trail in a counterclockwise direction. None of the boys in Tincani's group received a map. The group was not accompanied by an adult chaperon. As they proceeded down the trail, they followed signs to the eagles and a sign that said "nature trail". They followed the main" nature trail further until they approached an apparent fork in the trail. These paths or trails off the main trail were described as animal trails, no more than a foot in width, not beaten down, and covered with vegetation. The boys followed this trail until it split into another fork. One boy testified he did not realize they were off the "main" trail because the sign they had initially followed stated "nature trail". Another boy testified he knew they were off the main trail and were in fact following
an "off-to-the-side trail". There was no si
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