Yauger v. Skiing Enterprises, Inc.

557 N.W.2d 60 (1996)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P purchased a 1992-93 season family ski pass at D's ski shop. The application form asked for the name, age, and relationship of his family members. P filled in the names of his daughters, eight-year-old Felicia, and ten-year-old Tara, and his wife, Brenda Yauger. Immediately following the space provided for this information was exculpatory clause. It provided: In support of this application for membership, I agree that: 1. There are certain inherent risks in skiing and that we agree to hold Hidden Valley Ski Area/Skiing Enterprises Inc. harmless on account of any injury incurred by me or my Family member on the Hidden Valley Ski Area premises. There was nothing conspicuous about the paragraph containing the waiver. It was one paragraph in a form containing five separate paragraphs. Although the waiver paragraph was the first paragraph of text, it did not stand out from the rest of the form in any manner. It did not require a separate signature. Tara was skiing and collided with the concrete base of a chairlift tower at the end of a ski run. She died from injuries sustained in the collision. P sued D for negligence. D moved for summary judgment based on the clause. The Court of Appeals affirmed. P appealed.