Jones v. Dressel

623 P.2d 370 (1981)

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Nature of the Case

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Facts

P who was then seventeen years old, signed a contract with D, Free Flight Sport Aviation, Inc. (Free Flight). The contract allowed P to use Free Flight's recreational skydiving facilities, which included use of an airplane to ferry skydivers to the parachute jumping site. A covenant not to sue and a clause exempting Free Flight from liability were included in the contract. The exemption of liability was for loss, damage, or injury resulting from the negligence of the Corporation, its officers, agents, servants, employees, or lessors or some other cause. An alternative provision permitted Jones to use Free Flight's facilities at an increased cost, but without releasing Free Flight from liability for negligence. On December 28, 1973, P attained the age of eighteen. Ten months later, he suffered serious personal injuries in an airplane crash which occurred shortly after takeoff from Littleton Airport. Free Flight furnished the airplane as part of its skydiving operation. On November 21, 1975, P filed suit against Free Flight alleging negligence and willful and wanton misconduct as the cause of the airplane crash. Based upon the exculpatory agreement, the trial court granted summary judgment in favor of Ds. The court of appeals affirmed. P appealed.