Lawsuit dismissal sends message out...

[legalskier]

...i.e., be careful what you sign.



A snowboarder suffered a serious injury at MC, requiring surgeries, weeks in hospital, and rehab. Some months later he filed suit. The following season he obtained a season pass there, which contained a release from liability for past injuries (as distinguished from releasing future claims). The trial court dismissed the lawsuit, and a court of appeals recently upheld that dismissal.
Here's a link to the decision (Dearnley v Mountain Creek): http://www.judiciary.state.nj.us/opinions/a5517-10.pdf

So if he'd gotten a pass somewhere else, his case could have proceeded.

[speden]

I read about that the other day. The article said that type of release clause would probably become common in season pass agreements now.

[legalskier]

I read about that the other day. The article said that type of release clause would probably become common in season pass agreements now.

Yes, I suspect the industry has taken notice....

[Trekchick]

Wow, that's interesting.

I'm a little surprised that he was allowed to ride at a place where he had a law suit pending. However, it worked toward the good of the resort in this case, eh?

[legalskier]

Wow, that's interesting.

I'm a little surprised that he was allowed to ride at a place where he had a law suit pending.

Or that soon after he sued, he signed a release containing this language: "I...RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST MOUNTAIN CREEK RESORT, INC....THIS RELEASE APPLIES TO CLAIMS RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW."

Seems fairly clear.

[jlboyell]

if i was suing a place, i wouldnt have the nerve to continue to go there

[LiquidFeet]

I'm assuming he didn't read the form before signing it.

[catskills]

Or that soon after he sued, he signed a release containing this language: "I...RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST MOUNTAIN CREEK RESORT, INC....THIS RELEASE APPLIES TO CLAIMS RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW."

Seems fairly clear.

If the font size were smaller, would it be as clear?