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Limits of Oregon Ski Area Negligence Release Liability: Oregon Supreme Court Review

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On January 7, 2014, the Supreme Court:

“1. Allowed petitions for review in:

Myles A. Bagley v. Mt. Bachelor, Inc. (S061821) (A148231) (appeal from Dechutes County Circuit Court; opinion reported at 258 Or App 390, 310 P3d 692 (2013)).

Plaintiff, Myles A. Bagley, has been granted review of a Court of Appeals decision that affirmed a trial court’s grant of summary judgment to defendant, Mt. Bachelor, Inc., based on defendant’s affirmative defense of release, with respect to plaintiff’s negligence action against defendant for injuries he received while snowboarding over a jump in defendant’s terrain park.

On review, the issues are:

(1) Does a negligence liability release aeement that is imposed as a nonnegotiable condition of entry to a ski area violate public policy?

(2) Is such a release agreement unconscionable under Oregon law?

Visit the Oregon Supreme Court website and the OJD Media Release webpage.