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Soraghan v. Mt. Cranmore Ski Resort6/24/2005
Argued: April 20, 2005
The plaintiff, Maureen Soraghan, appeals an order of the Superior Court (O'Neill, J.) granting summary judgment to the defendant, Mt. Cranmore Ski Resort, Inc. We reverse and remand.
In January 2000, the plaintiff attended a youth ski meet at Mt. Cranmore Ski Resort in which her daughter was participating. Her daughter's ski club paid $2,071.58 to reserve the property for the special meet and her daughter paid $55 to participate. The plaintiff was both a spectator and a volunteer at the ski race and did not pay a fee to attend. While walking between two buildings on the way to her car to retrieve her ski equipment, she fell in a crevasse and severely injured her knee. The plaintiff brought suit alleging that the defendants failed to properly maintain the property. The trial court granted the defendant's motion for summary judgment, ruling that the defendant was not liable under the recreational use statute, RSA 508:14 (1997), because "the plaintiff was on the defendant's property on the day of her injury to be a spectator for her daughter's ski race" and "did not pay any consideration for that activity." This appeal followed.
When reviewing a trial court's grant of summary judgment, we consider the affidavits and other evidence, and all inferences properly drawn from them, in the light most favorable to the non-moving party. Estate of Joshua T. v. State, 150 N.H. 405, 407 (2003). If our review of the evidence does not reveal any genuine issue of material fact, and if the moving party is entitled to judgment as a matter of law, we will affirm the trial court's decision. Id.
On appeal, the plaintiff argues that RSA 508:14 does not apply to private landowners who are engaged in the business of recreational activities for profit and customarily charge for access to their land. The defendant argues that the statute and case law does not distinguish between commercial and non-commercial properties and, thus, RSA 508:14 does apply. The defendant argues in the alternative that, even if we hold that RSA 508:14 does not apply, it is entitled to summary judgment under RSA 212:34 (Supp. 2004). We address each argument in turn.
The question before us is one of statutory interpretation. We are the final arbiter of the intent of the legislature as expressed in the words of the statute considered as a whole. In the Matter of Jacobson & Tierney, 150 N.H. 513, 515 (2004). We first examine the language of the statute, and, where possible, we ascribe the plain and ordinary meanings to the words used. Id. When statutory language is ambiguous, we examine the statute's overall objective and presume that the legislature would not pass an act that would lead to an absurd or illogical result. Marceau v. Concord Heritage Life Ins. Co., 149 N.H. 216, 220 (2003). Our goal is to apply statutes in light of the legislature's intent in enacting them, and in light of the policy sought to be advanced by the entire statutory scheme. State v. Whittey, 149 N.H. 463, 467 (2003). We review the trial court's interpretation of a statute de novo. Remington Invs. v. Howard, 150 N.H. 653, 654 (2004).
Statutes in derogation of the common law are to be interpreted strictly. Sweeney v. Ragged Mt. Ski Area, 151 N.H. 239, 241 (2004). While a statute may abolish a common law right, there is a presumption that the legislature has no such purpose. Id. If such a right is to be taken away, it must be expressed clearly by the legislature. Id. Accordingly, immunity provisions barring the common law right to recover are to be strictly construed. Id.
RSA 508:14, I, provides in pertinent part:
An owner, occupant, or lessee of land, including
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