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Torts Keyed to Dobbs
Moore v. Hartley Motors
Facts
Plaintiff Moore bought a Suzuki four-wheel ATV in May 1993. At the time of the sale, the salesperson offered them a $50 rebate upon voluntary completion of an ATV rider safety class. The Moores elected to attend the class and signed a consent form and release before the class began. During the class, Plaintiff was thrown from her ATV when it struck a rock obscured by high grass. She sued Hartley Motors, the dealer, the ATV Safety Institute, and the instructor of the class, alleging that Defendants negligently concealed the fact that the course was unsafe. The superior court granted summary judgment for Defendants finding that the signed release was valid, Plaintiff appealed, and the higher court reversed and remanded.
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