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Release of (Most) Claims: Ski Resort’s Liability Releases Only Pertained to Competitive Skiing

Premises Liability / November 30, 2017

In Ritari v Peter O’Dovero, Inc., d/b/a Marquette Mountain, Plaintiff filed suit against Defendant following an incident at Marquette Mountain Ski Resort alleging negligence under various theories of liability. Defendant immediately moved for dismissal based upon the language of three separate releases executed by Plaintiff. The trial court denied the dispositive motion and Defendant appealed. In affirming the trial court decision, the Court of Appeals demonstrated the importance of clear, consistent, and all-encompassing releases. The Appeals Court dissected the language of three separate releases, ultimately finding that Plaintiff’s leisurely ski was outside the scope of the subject releases.

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