Schutkowski v. Carey

725 P.2d 1057 (1986)

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Schutkowski v. Carey

Wyoming Supreme Court
725 P.2d 1057 (1986)

KL

Facts

Barbara Schutkowski (plaintiff) took skydiving lessons from Dwain Carey and Robert Rodekohr (the instructors) (defendants) at the Cheyenne Parachute Club. Before commencing lessons, Schutkowski signed a release agreement in which she released the Cheyenne Parachute Club and its employees from all claims resulting from personal injuries related to skydiving instruction. During Schutkowski’s first lesson, with Carey as her instructor and Rodekohr piloting the plane, Schutkowski had a difficult landing and injured her back, arm, and leg. Schutkowski sued the instructors for negligence. The instructors filed a motion for summary judgment, arguing that Schutkowski’s claim was barred by the release agreement. The trial court found that the release agreement barred Schutkowski’s claim and granted summary judgment for the instructors. Schutkowski appealed, arguing that the trial court erred by determining that the release agreement expressed an intent by the parties to release the instructors from liability for negligence.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

Dissent (Thomas, C.J.)

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