MOORE V. HARTLEY MOTORS 36 P.3d 628 (Alaska 2001) CASE BRIEF

MOORE V. HARTLEY MOTORS

36 P.3d 628 (Alaska 2001)

NATURE OF THE CASE: Moore (P) appealed a judgment which granted summary judgment to Hartley (D), the safety class instructor, the organizations that developed and offered the class, and the owner of the property on which the class took place, in P's action for damages arising from an injury sustained during an all-terrain vehicle (ATV) safety class.

FACTS: P bought an ATV and were offered a $50 rebate upon completion of an ATV rider safety class. P attended an ATV rider safety class held on the property of P. James Croak instructed the class and requested that all participants sign a consent form and release. P signed the consent form and release. During the class, P drove her ATV through high grass beyond a cone marking the course. Her vehicle rolled up on a rock protruding from the ground in the high grass. P was thrown from her vehicle, suffering injuries as a result. P sued Ds. She alleged that the Ds negligently failed to provide a safe ATV rider training course and location, and negligently concealed the fact that the course was unsafe. Ds sought summary judgment based on the release signed by P before the class. P presented a transcript of a telephone conversation between an investigator hired by her attorney and Michael Swan, a former ATV Safety Institute instructor. In this telephone conversation, Swan indicated that he had chosen not to teach an ATV rider course at D's location because he found the location inappropriate. The judge denied the motion for summary judgment. The court relied upon a theory of material nondisclosure by D. Swan died. On a subsequent motion for summary judgment, the superior court granted summary judgment to Ds. The superior court entered final judgment for $32,817.56 fees and costs to Hartley Motors, and $21,049.12 fees and costs to ATVSI. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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