Berlangieri v. Running Elk Corp.
New Mexico Court of Appeals
48 P.3d 70 (2002)
- Written by Rich Walter, JD
Facts
Nicholas Berlangieri (plaintiff), a guest at a resort lodge operated by Running Elk Corporation (lodge) (defendant), signed up for one of the lodge’s guided horseback rides. The lodge required each rider to sign a release relieving the lodge of any liability in the event of an accident. The lodge’s stable staff improperly saddled Berlangieri’s horse. As Berlangieri rode along, the saddle slipped off his horse. Berlangieri fell, struck his head, and sustained serious injuries. Berlangieri sued the lodge for damages. Ruling that the signed release barred Berlangieri’s suit, the trial court entered summary judgment for the lodge. Berlangieri appealed to the New Mexico Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Alarid, J.)
Dissent (Sutin, J.)
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