Orthmann v. Apple River Campground, Inc.

757 F.2d 909 (1985)

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

Ds, a campground, a restaurant, and other businesses, joined together in a commercial venture (Floater's Association) to promote inner-tubing on the Apple River. P rented an inner tube from the campground, where he had camped the night before. P wanted to float down a four-mile stretch of the river and when he comes to the end return on a bus hired by Ds. Ds own most of the land on both sides of this stretch of the river and provide litter bins on the banks. Not all the land on the river banks was owned by Ds. The place where P dove from was owned by Montbriand. A tree on Montbraind's property had grown out over the river and kids liked to dive off it. The queue for the tree was too long and P decided to dive off the bank instead. The water was cloudy and was reflecting the sun. P couldn't see the bottom but had seen other people dive into the river in the same area without incident. P dove and hit his head on a rock and is now a quadriplegic. Ds do not own the property from which P dove. Shortly after the accident the Ds came on the Montbriand’s land without asking their permission and cut the tree down. The Montbriands had also seen Ds cleaning and maintaining the banks of the river on the Montbriands' land. The court dismissed P’s suit for failure to state a claim because Ds did not own the property. The court dismissed the Town in that P did not provide statutory notice. P appealed.