Archive for the ‘Oral Agreement’ Category

Unintended Consequences – Claims of Woman Injured on ATV Tour Not Barred by Prior Jeep Tour Waiver (CO)

October 1, 2015

Soucy v. Nova Guides, Inc. (Colorado)
(trial court disposition)

Plaintiff and her family, including her mother and two younger sisters, were vacationing in Vail, Colorado.  On July 9, 2012, plaintiff went on jeep tour, and on July 11, 2012, she went on an ATV tour.  Both tours were operated by the defendant tour guide company.  During the ATV tour, plaintiff’s ATV overturned, causing her personal injury, and plaintiff thereafter filed a negligence lawsuit.  The defendant filed a motion for summary judgment asserting that the plaintiff’s claims were barred by a waiver of liability that the plaintiff has signed prior to her participation.  However, the U.S. District Court ultimately held that there was a triable issue of fact as to the existence of a waiver of liability as between plaintiff and defendant in relation to the ATV tour.  The facts are a little convoluted.

Prior to participating in the jeep tour on July 9th, plaintiff signed a “Lease Agreement and Waiver of Liability” (the “Waiver”) on which a handwritten check mark appeared next to “Jeep tour.”  Nothing was marked next to the other options on the agreement, which were “ATV,” “Mtn. Bike,” and “Hiking.”  However, plaintiff did not sign another Waiver prior to taking part in the ATV tour on July 12th.  Plaintiff’s mother signed a Waiver for the ATV tour, and she listed plaintiff and her sisters as participants in the tour, but the mother did not have the capacity to sign the Waiver for the ATV tour on plaintiff’s behalf.

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