Hatch v. V.P. Fair Foundation, Inc.
Missouri Court of Appeals
990 S.W.2d 126 (1999)
- Written by David Bloom, JD
Facts
V.P. Fair Foundation, Inc. (V.P.) (defendant) was a landowner that organized fairs. V.P. hired Northstar Entertainment, Inc. (Northstar) (defendant), an independent contractor, to provide a bungee-jumping activity at a fair held on V.P.’s property. Loren Hatch (plaintiff) was the first bungee jumper at the fair. Hatch had to sign a release form in order to bungee jump. Northstar employee Paul Murray told Hatch that it was safe to jump, but the bungee cord was not secured to the crane. Hatch jumped, fell 170 feet to the ground, and sustained serious injuries. Hatch sued V.P. and Northstar. At trial, the jury concluded that bungee jumping was an inherently dangerous activity, found V.P. vicariously liable for Northstar’s negligence, and awarded Hatch money damages. V.P. motioned for judgment notwithstanding the verdict, arguing that because bungee jumping could be performed safely, it was not an inherently dangerous activity, and thus V.P. could not be held vicariously liable for Northstar’s negligence. The trial court granted V.P.’s motion. Hatch appealed.
Rule of Law
Issue
Holding and Reasoning (Dowd, J.)
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