Platzer

Platzer v. Mammoth Mountain Ski Area

Good Law
104 Cal. App. 4th 1253·128 Cal. Rptr. 2d 885·2002 Cal. App. LEXIS 5246·2003 Daily Journal DAR 5·2003 Cal. Daily Op. Serv. 24
Court of Appeal of CaliforniaDecember 30, 2002C038663California2,538 words

Opinion

Opinion

Callahan, J.

Eight-year-old Joseph Platzer (Joseph) was injured when he fell from the J-6 chairlift during a ski lesson at June Mountain Ski Area (June Mountain) in December 1998. Dagmar Platzer (Dagmar), Joseph’s mother and guardian at litem, sued Mammoth Mountain Ski Area (Mammoth), June Mountain’s corporate operator, for damages on Joseph’s behalf. The court granted Mammoth’s motion for summary adjudication, and dismissed all causes of action based on negligence. Thereafter, the trial jury returned a verdict in favor of Mammoth on the issue of gross negligence.

In this appeal from the judgment, Joseph contends the court erred in granting Mammoth’s motion for summary adjudication. He challenges the implied finding that a release signed by his mother barred all claims for simple negligence against Mammoth, a common carrier. Joseph also maintains the court erred in admitting the release at trial, and instructing the jury that ordinary negligence was inapplicable to the case. We affirm the judgment.

I

The Release

On December 30, 1998, Dagmar enrolled Joseph in the June Mountain Sports School. She signed a document entitled “Release of Liability and Medical Authorization” which read…

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