Bagley v. Mt. Bachelor, Inc.Annotate this Case
The issue this case presented for the Oregon Supreme Court's review was whether an anticipatory release of a ski area operator’s liability for its own negligence in a ski pass agreement was enforceable. Plaintiff suffered serious injuries while snowboarding over a jump in defendant ski area operator’s “terrain park,” and filed suit alleging that defendant (the ski operator) was negligent in the design, construction, maintenance, and inspection of the jump. Defendant moved for summary judgment based on an affirmative defense of release; plaintiff filed a cross-motion for partial summary judgment on the ground that the release was unenforceable as a matter of law. The trial court granted defendant’s summary judgment motion and denied plaintiff’s cross-motion. Plaintiff appealed, arguing, among other arguments, that the trial court erred in concluding that the release did not violate public policy and that it was neither substantively nor procedurally unconscionable. The Court of Appeals affirmed. Because the Supreme Court concluded that enforcement of the release would have been unconscionable, it reversed and remanded.