Berry v. Greater Park City Co.

Summary

The Utah Supreme Court held that a skier's preinjury release waiving claims for ordinary negligence was enforceable in connection with a competitive ski race. The court affirmed dismissal of the strict-liability claim because the plaintiff participated in the allegedly abnormally dangerous activity, but reversed summary judgment on the gross-negligence claim because the applicable standard of care had not been established.

Holdings

1. Utah public policy does not categorically prohibit preinjury releases of ordinary negligence. Such releases are generally enforceable unless the activity falls within the public-interest exception, evaluated under the Tunkl characteristics. The release Berry signed for participation in the King of the Wasatch race was enforceable.
2. The district court improperly granted summary judgment on Berry's gross-negligence claim because the record did not identify the applicable standard of care for the design and construction of skiercross courses.
3. A participant in the allegedly abnormally dangerous activity cannot recover under a strict-liability theory for injuries arising from participation in that activity. Berry therefore could not recover strict liability damages for injuries sustained while competing in skiercross racing.

Questions Presented

1. Whether Berry's preinjury release was enforceable against his ordinary-negligence claims arising from participation in a competitive ski race.
2. Whether the district court properly granted summary judgment on Berry's gross-negligence claim despite the absence of an identified legal standard of care for designing and constructing skiercross courses.
3. Whether Berry, as a participant in skiercross racing, could recover under a common-law strict-liability theory based on the alleged abnormally dangerous nature of the activity.

Disposition

reversed_and_remanded