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Hanks v. Powder Ridge Restaurant Corp.

276 Conn. 314, 885 A.2d 734 (2005)

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Hanks v. Powder Ridge Restaurant Corp.

Connecticut Supreme Court

276 Conn. 314, 885 A.2d 734 (2005)

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Facts

Powder Ridge Restaurant Corp. (Powder Ridge) (defendant) operated a winter-sports facility that offered skiing, snowboarding, and snowtubing. Gregory Hanks (plaintiff) was injured while snowtubing at Powder Ridge. Powder Ridge is open to all members of the public over the age of six or taller than 44 inches. Before snowtubing, Hanks and all other patrons were required to sign an agreement that purportedly released Powder Ridge from liability for any negligence. Hanks brought a negligence action against Powder Ridge to recover for his injuries. Powder Ridge moved for summary judgment, arguing, among other things, that the agreement signed by Hanks barred Hanks's negligence claim. The trial court granted Powder Ridge's summary-judgment motion, finding that by signing the agreement Hanks had expressly released Powder Ridge from liability for its own negligence. Hanks appealed, arguing that the agreement did not release Powder Ridge from liability and that the agreement was unenforceable because it violated public policy.

Rule of Law

Issue

Holding and Reasoning (Sullivan, C.J.)

Dissent (Norcott, J.)

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