Hanks v. Powder Ridge Restaurant Corp.

Facts

Plaintiff and four children went to Powder Ridge, a winter resort operated by Defendant in order to go snowtubing. None of the five had snowtubed at Powder Ridge before, but the resort allowed all individuals over six years old or forty-four inches tall to participate, regardless of prior experience. Before participating, Defendant required customers to sign a waiver that released Defendant from liability for injuries, including those resulting from negligence. Plaintiff read and signed the waiver. During the snowtube run, Plaintiff’s foot was caught between the tube and the side of the run, resulting in severe injuries leading to multiple surgeries. Plaintiff sued Defendant for negligence and Defendant moved for summary judgment based upon the waiver. The trial court granted Defendant’s motion, finding that Plaintiff’s acceptance of the waiver agreement released Defendant from liability. Plaintiff appealed, arguing that a person of ordinary intelligence reasonably would not have thought that the agreement released Defendant from injuries caused by negligence, and that the agreement violates public policy because the operator of a recreational operation that services the public cannot release itself from liability for negligence.