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Lunt v. Mount Spokane Skiing Corp.8/13/1991
Mary M. Lunt appeals two summary judgment orders, one dismissing her negligence action against Mount Spokane Skiing Corporation and the other dismissing her products liability action against Look Alpine Products, Inc., Look SA, and Look USA, Inc. Her causes of action were based on failure to warn. We affirm both orders.
Mary M. Lunt enrolled in group ski lessons at the Mount Spokane Ski Area operated by Mount Spokane Skiing Corporation (Mt. Spokane). On February 19, 1987, Ms. Lunt was getting ready to participate in her sixth lesson. Before the lesson began, she rented skis, boots and poles and purchased a lift ticket from Mt. Spokane. During a practice run she fell backward into the hill. Her left leg twisted and she suffered a partial anterior cruciate ligament (ACL) injury to her left knee.
The bindings which Ms. Lunt rented were "traditional" bindings which had two release modes. Two-mode bindings release vertically at the heel and horizontally at the heel and toe. They do not release vertically at the toe like multidirectional bindings and therefore do not release when a skier falls backward. The bindings and boots were marketed together as the Look "Integral" system. The binding component was manufactured by Look SA and distributed by Look USA, Inc., the latter being Look Alpine Products' corporate predecessor (collectively Look).
At the time Ms. Lunt was injured, Mt. Spokane had several warning signs at the ski area. The signs warned of risks involved in skiing generally and specific hazardous conditions such as bare spots and moguls. At least one sign related to Look bindings and was entitled "How to use your INTEGRAL bindings". It contained illustrations on how to step into and out of Look bindings and outlined a 4-step procedure. It gave the following warning at the bottom: "Warning: Your bindings can reduce but not prevent the risk of injury." At least one Look sign was posted in the shop where ski equipment was rented. Ms. Lunt did not remember seeing the signs.
Before the 1986-87 ski season, Look provided Mt. Spokane with a copy of Look's "Rental Systems Manual". This manual contained a sample rental agreement form which included warnings that the bindings did not release under all circumstances, but could reduce the risk of injury to the lower leg if properly adjusted and maintained. Mt. Spokane did not use the sample form provided
by Look, but presented evidence to show it utilized an enrollment and disclaimer form. The form contained the following language:
I understand that skiing is a sport involving a certain amount of risk which can be minimized, but not eliminated by the use of properly adjusted bindings. I understand that these bindings will not release under all circumstances and are no guarantee for my safety. I furthermore release Mt. Spokane Skiing Corp., . . . from claims or damages arising from attendance and participation in the ski school program and any liability from damage and injury to myself . . . resulting from the use of this equipment by me . . . .
The original form or the copy signed by Ms. Lunt could not be found. Ms. Lunt did not recall seeing or signing it.
Mt. Spokane submitted uncontroverted affidavits which established that it prepared a ski school ticket for each person who enrolled in ski lessons. It served as a combination lift, rental and lesson ticket. Ms. Lunt was assigned ticket 543 and it was punched each week she came for a lesson. The ticket also contained a general warning that skiing was a hazardous sport and there were many hazards and obstacles within the ski area. It too contained language disclaiming liability.
Ms. Lunt comme
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