HANKS V. POWER RIDGE RESTAURANT CORP.
885 A.2d 734 (2005)
NATURE OF THE CASE: Hanks (P) appealed a summary judgment to Power (D) in P's suit for
damages for injuries P sustained while snowtubing at D's facility.
FACTS: D was open to the public and in exchange for a fee patrons were invited to ski,
snowboard and snowtube. P brought his three children and another child to D to snowtube. D's
only restriction was that only persons at least six years old or forty-four inches tall were
eligible to participate. Patrons were required to sign a 'Waiver, Defense, Indemnity and
Hold Harmless Agreement, and Release of Liability' (agreement). P read and signed the
agreement on behalf of himself and the four children. P's right foot became caught between
his snowtube and the man-made bank of the snowtubing run, resulting in serious injuries that
required multiple surgeries to repair. P sued for negligence. Ds moved for summary judgment,
claiming that the agreement barred P's negligence claim as a matter of law. It was granted.
This appeal followed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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