Allan

Allan v. Snow Summit, Inc.

Caution
1996 Cal. App. LEXIS 1211·51 Cal. App. 4th 1358·59 Cal. Rptr. 2d 813·97 Daily Journal DAR 9·97 Cal. Daily Op. Serv. 13
Court of Appeal of CaliforniaDecember 30, 1996E016753California5,821 words

Opinion

Opinion

Ward, J.

Plaintiff Gary Allan sued defendant Snow Summit, Inc., (Snow Summit) for injuries he allegedly suffered during a ski lesson. The trial court granted summary judgment in favor of Snow Summit on the basis of a release and waiver Allan had signed. Allan now appeals. The appeal is without merit; we affirm.

Facts

The moving papers for and against the motion for summary judgment showed the following.

Allan paid for skiing lessons for himself and his girlfriend on February 9, 1993. Snow Summit gave Allan a card in connection with the skiing lessons. The first side of the card contained information about the date and times of the ski lessons. The second side contained a statement entitled “Agreement and Release of Liability.” Although he averred he did not remember reading or signing the card, Allan acknowledged that he did print his name in the indicated blank and sign at the end:

Snow Summit assigned Shawn Oldt, a professional ski instructor, to conduct the lesson. Allan told Oldt that he was a novice skier, and that he had only skied once before, about 15 or 20 years earlier. The lesson, which took place in the beginners’ area, apparently went well.

The next day, February…

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