Powers

For the second time, we are called upon to undertake interlocutory review of the trial court’s ruling on cross-motions for summary adjudication of issues in the underlying action for personal injuries and loss of consortium. The issue presented by the earlier petition as well as the instant one concerns the enforceability and effect of two documents signed by real party in interest, Dixie Hoffman, when she rented an ultralight aircraft from petitioner (defendant). Those writings included the basic rental terms as well as provisions purporting to release and indemnify defendant from any liability for injuries to person or property arising out of Dixie Hoffman’s use of the ultralight aircraft for recreational flying. We attach the two agreements to this opinion as Appendices A and B.

The agreements were signed on May 10, 1984, immediately before Dixie Hoffman’s first solo flight in an ultralight. After takeoff, the aircraft’s engine failed and it crashed, striking a stack of baled hay. Dixie Hoffman’s husband, real party in interest and coplaintiff Gerald Hoffman, observed the accident. Dixie Hoffman and her husband (plaintiffs) sued defendant Powers and several other…