Doug Hartmann Productions, L.L.C., and the Regal Riverfront Hotel, which was owned by Gateway Hotel Holdings, entered
Question:
Doug Hartmann Productions, L.L.C., and the Regal Riverfront Hotel, which was owned by Gateway Hotel Holdings, entered into an agreement for a professional boxing match to be held at the hotel. The contract contained a provision stating that a $5 million indemnity insurance policy was to be provided and Hartmann Productions was to provide a doctor at ringside for the match and an ambulance on standby at the hotel the night of the event. Maldonado was a professional boxer who participated in the match. The fight ended when Maldonado was knocked out and later lost consciousness in his dressing room. There was no ambulance onsite. An ambulance was called, and Maldonado was taken to a hospital. He suffered severe brain damage as a result of his injury. The damage could have been less severe had an ambulance been on-site for the boxing match. Maldonado sued Gateway, asserting that Hartmann Productions was an independent contractor hired by Gateway to perform an inherently dangerous activity. As such, Gateway had a duty to take special precautions to prevent injury during the inherently dangerous activity. Therefore, Maldonado argued that Gateway should be held liable for the damages resulting from the boxing match. Should the boxing match be considered an inherently dangerous activity? Did the court find Gateway liable?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260247893
5th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs