Thomas J. Downing and Billie Jo Downie, Husband and Wife,plaintiffs-appellants, v. Hyatt Corporation, a Foreign Corporation, D/b/a Grand Wailearesort Hotel and Spa; Grand Hyatt Wailea, a Foreigncorporation, D/b/a Grand Wailea Resort Hotel and Spa; Spagrande, a Foreign Corporation; John Does Incorporated,1--4, a Foreign Corporations, Defendants-appellees, 116 F.3d 483 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 116 F.3d 483 (9th Cir. 1997) Submitted June 5, 1997. Decided June 17, 1997

Appeal from the United States District Court for the Western District of Washington, No. CV-94-01328-DEW; David E. Wilson, District Judge, Presiding

Before: WRIGHT, PREGERSON and THOMPSON, Circuit Judges.


Having reviewed the record, read and considered the briefs, and heard oral argument, the panel concludes the release which plaintiff-appellant Thomas J. Downie signed is valid and enforceable. The release, which is not inconspicuous, covers the injuries Downie alleges he sustained from the Cascading Waterfall, and is not contrary to public policy under Washington law. Shields v. Sta-Fit, Inc., 903 P.2d 525, 528 (Wash.Ct.App.1995); see also Wagenblast v. Odessa Sch. Dist., 758 P.2d 968, 970-71 (Wash.1988).

There are no genuine issues of material fact regarding the validity of the release. The district court did not err in granting summary judgment in favor of the defendants-appellees.



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3