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Matthews v. Elk Pioneer Days2/27/1992
Marcellia and Robert Matthews appeal the summary judgment dismissing their complaint for damages incurred by Mrs. Matthews when a canopy support fell on her at the Elk Pioneer Days Festival in 1988. The trial court held Elk Pioneer Days Festival Committee, Inc., immune from liability under RCW 4.24.210, which protects landowners and occupiers of land who open their land to the public for outdoor recreation. We hold "outdoor recreation", as that term is used in the statute, does not include the festival activities here. Therefore, we reverse the summary dismissal and remand for trial.
Elk Pioneer Days Festival Committee, Inc., is a Washington nonprofit corporation which promotes an annual festival in the community of Elk known as Elk Pioneer Days. The Committee consists of unpaid volunteers who plan, raise
funds, and organize the event. The festival is held outdoors on the grounds of the Elk Community Church in June and consists of entertainment, competitions and demonstrations. There is no charge for admission, although the public may purchase food or arts and crafts from various concessionaires who are charged a nominal fee by the Committee for permission to operate at the festival.
In 1988, the Committee erected a canopy to provide shade over the outdoor stage and viewing area. The canopy was constructed of two parachutes which the Committee borrowed from the Air Force Survival School. William Falk, president of the Committee, attested the canopy was installed according to the instructions given by Air Force personnel. In his deposition, Mr. Falk testified the center support pole was a log which was 15 to 20 feet in length and 6 to 8 inches in diameter. Because the ground was rocky, the pole was seated in a hole only about 6 inches deep. To anchor the pole, four long stakes were placed tight against it and these stakes were driven 2 to 3 feet into the ground. The stakes were secured to the pole with a heavy nylon rope. The edges of the canopy were held by outer support poles and guide wires, marked with fluorescent tape.
On the day of the accident, Mrs. Matthews was seated about 1 1/2 feet from the center support pole, watching a performance on the stage. Mr. Falk was also watching the performance. He said a sudden, strong gust of wind filled the canopy with air. The center support pole fell, striking Mrs. Matthews from the back. She suffered a fractured vertebra, a smashed disc, and injury to her spleen. Just prior to the accident, a young boy on a bike struck one of the outer support poles and broke it loose.
Mr. and Mrs. Matthews subsequently filed this action for damages against the Committee. The Committee moved for summary judgment. In granting the Committee's motion, the court cited former RCW 4.24.210, which provides in pertinent part:
Any public or private landowners or others in lawful possession and control of any lands whether rural or urban . . . who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, the riding of horses or other animals, claim digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users : . . . .
(Italics ours.)
Mr.
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