United States Eighth Circuit

In a tort action arising out of injuries sustained by plaintiff while skiing on defendant's mountain, summary judgment for defendant is affirmed where: 1) the language of the release signed by plaintiff expressly and unambiguously excluded from its coverage claims arising from reckless or intentional acts, and the district court correctly found that the release was not ambiguous; and 2) the release did not violate public policy because the service offered by defendant was not necessary and could have been obtained elsewhere.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• PIERSOL, District Judge., Before COLLOTON and BENTON, Circuit Judges, and PIERSOL , District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Walter Balmer, argued, Duluth, MN (Stephanie M. Balmer, on the brief), for appellant.


• For Appellees:
  
• Brian N. Johnson, argued, Minneapolis, MN (Gregory Aaron Bromen, on the brief), for appellee.