Dullmaier v. Xanterra Parks & Resorts, No. 16-8017 (10th Cir. 2018)Annotate this Case
The Tenth Circuit affirmed the district court's grant of summary judgment to defendant after plaintiff brought a wrongful death action against it. Plaintiff's husband was killed during a guided horseback ride in a wilderness area of Yellowstone National Park and plaintiff filed suit against the company that provided the ride. The court held that the husband's fatal injuries did not stem from risks that were inherent in the particular sport or recreational activity in which he elected to participate—that is, a guided horseback trail ride in a wilderness area; plaintiff's state law claims for negligent misrepresentation and nondisclosure have no merit; and the court rejected plaintiff's challenge to the district court's award of costs.