Camire v. Gunstock Area Commission

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Plaintiff, Diana Martinez (formerly Camire), appealed a Superior Court order granting summary judgment in favor of defendant The Gunstock Area Commission, on claims for damages for negligence and recklessness. Plaintiff, a snowboarder, visited Gunstock's ski and snowboard area. Posted on the wall of the ticket kiosk was a thirty-five inch by forty inch sign that recited, in part the language of RSA 225-A:24 and also stated: "By purchasing and/or affixing a ticket to use our facilities, you are agreeing to accept, as a matter of law, all inherent risks of winter sports activities and agree not to sue Gunstock for NEGLIGENCE or any other legal claim." In addition, the back of the lift ticket purchased by plaintiff included language stating that, as a condition of using the ski area, the purchaser or user of the ticket agreed to release Gunstock, and its employees and agents from any legal liability, including, but not limited to, claims for negligence. Plaintiff was injured when she was snowboarding on a ski trail and another snowboarder struck her from behind. The snowboarder was employed by Gunstock during the 2009-2010 season as a snowboard instructor. At the time of the collision, he was snowboarding prior to his scheduled 11:45 a.m. "lineup" in anticipation of a 12:00 p.m. lesson. Plaintiff sued Gunstock, asserting three counts based upon vicarious liability for the instructor's alleged negligent and reckless conduct, and one count alleging that Gunstock was directly liable for negligently hiring, training, and supervising the instructor. The trial court granted Gunstock's motion for summary judgment on all of the claims. On appeal, plaintiff argued that the trial court erred by determining that the liability releases barred her claims "in the absence of some evidence that [she] expressly agreed to [the] exculpatory language." She also contended that the trial court erred in finding that, as a matter of law, the instructor was not in Gunstock's employ at the time of the collision. She further asserted RSA 225-A:24, I, "[did] not bar recovery for [a ski area] operator's negligent supervision of its employees and the negligence of its agents in violation of their duties as employees." The Supreme Court concluded after review that RSA 225-A:24, I, barred plaintiff's vicarious liability claims as a matter of law, and that the trial court properly granted summary judgment to Gunstock on those claims. In light of this holding, we need not decide whether the instructor was acting within the scope of his employment at the time of the collision or whether the claims are also barred by Gunstock's liability releases. View "Camire v. Gunstock Area Commission" on Justia Law