Anthony FARINA, Plaintiff-Appellant, v. MT. BACHELOR, INC., Defendant-Appellee

Anthony Farina sued defendant, Mt. Bachelor, Inc., in tort for personal injuries suffered while skiing at Mt. Bachelor’s facility. The district court had diversity jurisdiction over the case. The district court granted summary judgment in favor of Mt. Bachelor on the basis that the release clause which was in Farina’s signed application for a season pass was enforceable. Farina appealed. We reverse and remand for trial.

BACKGROUND

Farina’s injury occurred when he was skiing downhill at Mt. Bachelor’s facility on March 31, 1992. Farina claims that he ran into an unmarked boulder hidden below the crest of a hill which obstructed his view of the boulder as he approached it. His injuries included multiple fractures.

Prior to his accident, Farina had purchased a season ski pass at Mt. Bachelor’s facility. To purchase the pass, Farina was required to complete a season pass application. The application is a two-sided document. On the back of the application is a notice to skiers entitled “Skiers Responsibility Code.” The notice describes the “inherent risks of skiing” that skiers are deemed to have accepted under Oregon law, including changing weather conditions, varying terrain, and…