Daddario
Daddario v. Snow Valley, Inc.
Opinion
Opinion
McDANIEL, J.
This appeal presents for the first time an occasion to interpret and apply sections 1953.10 through 1953.13 of the Code of Civil Procedure. These sections detail a procedure for establishing the prior existence and authenticity of a private record destroyed in a conflagration or other public calamity.
Shirlyn Daddario (plaintiff) fell while skiing at the Snow Valley Ski Area. Her right ski binding did not release at the time of the fall; as a result, plaintiff injured her right knee. Three days short of a year later, plaintiff filed a personal injury action against Snow Valley, Inc. (defendant) and others.
Defendant had sold plaintiff a set of skis and bindings on the day of the fall and, because of defendant’s alleged negligence in adjusting the bindings, her grievance is that they “were rendered defective.” It was this alleged defect which supposedly resulted in failure of one of the bindings to release at the time of plaintiff’s fall.
According to defendant, at the time the bindings were adjusted, plaintiff signed a release agreement which operated to insulate defendant from liability on either of two theories (infra).