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Cass v. American Home Assurance Co.5/10/2005
Ryan Cass appeals a summary judgment determining a signed release of liability bars his negligence claim against the Granite Peak Corporation. Cass argues the release is void as contrary to public policy. We conclude the release does not apply to the negligent act of the employee in this case and, consequently, we reverse the judgment and remand for further proceedings.
Background
Cass purchased a season pass for Granite Peak, a ski hill at Rib Mountain State Park. The application for the pass consists of one page and includes season pass rules, a responsibility code, pass policies, and a release of liability. The release states:
RELEASE OF LIABILITY: I understand and accept the fact that skiing/snowboarding in its various forms is a hazardous sport that has many inherent dangers and risks. I realize that injuries are a common and ordinary occurrence of these sports. In consideration of the right to purchase a season pass, I freely accept and voluntarily assume all risk of personal injury or death or property damage, and HEREBY RELEASE AND FOREVER DISCHARGE GRANITE PEAK CORPORATION and the State of Wisconsin, and their agents, employees, owners, directors, officers and shareholders from any and all liability which results in any way from any NEGLIGENCE of GRANITE PEAK CORPORATION or the State of Wisconsin, or their owners, agents, employees, directors, officers, and shareholders with respect to the design, construction, inspection, maintenance, or repair of the conditions on or about the premises or facilities, including equipment or the operation of the ski area, including but not limited to grooming, snow making, trail design, ski lift operations, including loading and unloading, conditions on or about the premises, and conditions in or about the terrain park including man made features, or my participation in skiing, snow boarding, or other activities in the area, accepting for myself the full responsibility for any and all such damage or injury of any kind which may result. The performance of inverted ariel maneuvers is strongly discouraged by Granite Peak Corporation. These activities are extremely dangerous and can result in severe debilitating injuries, paralysis, or even death. I, the undersigned, have carefully read and understand the terms of the season pass and the RELEASE OF LIABILITY, which is an essential part of the season pass terms. I am signing this season pass and RELEASE OF LIABILITY freely and of my own accord. I understand that by signing this RELEASE OF LIABILITY I am waiving certain legal rights, including the right to sue. I realize this season pass and RELEASE OF LIABILITY is binding upon myself, my heirs and assigns, and in the event that I am signing it on behalf of any minors (ages 17 & under), I have full authority to do so, realizing its binding effect on them as well as myself.
CAUTION! READ BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE.
On November 15, 2003, while Cass was snowboarding down an established run, he and a snowmobile driven by a Granite Peak employee collided. The employee testified at his deposition that he was "driving uphill to investigate some young people building jumps." As a result of the collision, Cass suffered injuries, including permanent disabilities, and filed this suit against Granite Peak and its insurer.
Granite Peak moved for summary judgment, arguing the release of liability barred recovery. The circuit court agreed with Granite Peak and granted its motion. Cass appeals.
Discussion
We review summary judgments de novo, using the same methodology as the circuit court. Green Spring Farms v. Kers
Page 1 2 3 Wisconsin Personal Injury Attorneys
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