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Moore v. Hartley Motors

Alaska Supreme Court
36 P.3d 628 (2001)


Facts

Gayle Moore and her husband (the Moores) (plaintiffs) purchased a Suzuki four-wheel ATV from Arctic Cat Motor Sports. At the time of the sale, the clerk offered the Moores a $50 rebate if they completed an ATV rider safety course. The Moores agreed. Later that year, the Moores enrolled in the ATV safety course held on the property of Hartley Motors, Inc. (defendant). When they enrolled, the Moores, and all other participants, were required to sign a waiver and release from liability form. James Croak (defendant) (collectively defendants) used the curriculum of the ATV Safety Institute to teach the course. During the class, Gayle was thrown from her ATV and suffered injuries when it struck a large rock obscured by tall grass on the course. The Moores brought suit against Hartley Motors, Croak, and others for negligently failing to provide a safe ATV rider training course and location. The trial court granted the defendants’ motion for summary judgment. The Moores appealed. The Alaska Supreme Court granted certiorari to review.

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Holding and Reasoning (Fabe, C.J.)

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