Bagley v. Mt. Bachelor, Inc.

340 P.3d 27 (2014)

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Bagley v. Mt. Bachelor, Inc.

Oregon Supreme Court
340 P.3d 27 (2014)

  • Written by Rose VanHofwegen, JD

Facts

When snowboarder Myles Bagley (plaintiff) bought his season pass, he signed a release that Mt. Bachelor, Inc. (defendant) required of all patrons, releasing all claims for any injuries except those caused by intentional misconduct. Bagley suffered paralyzing injuries snowboarding over a man-made jump and sued, claiming that Mt. Bachelor negligently designed, built, and maintained the jump. Mt. Bachelor raised the release as an affirmative defense. Bagley countered that the release was unconscionable and unenforceable as against public policy, although he had never snowboarded at a ski area without one. The trial court granted summary judgment for Mt. Bachelor. Bagley appealed.

Rule of Law

Issue

Holding and Reasoning (Brewer, J.)

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