Legal Research: Scenario 2

You are a personal injury attorney representing Max Speed. Mr. Speed broke both legs while tubing at White Pass ski resort in Central Washington. A White Pass employee who was responsible for clearing debris from the tubing area got distracted on his cell phone and failed to remove a sled that had been left in the tubing chute. Mr. Speed, however, signed a comprehensive liability release excusing the ski resort of "all liability, including negligence." But this clause was printed in light ink on similarly colored paper, and it was buried in a bunch of text about the importance of wearing proper clothing. To survive summary judgment, you need to show the release is unenforceable. Using this scenario and the research methods of your choice, answer the following questions.

Question 45

Which research terms are likely to be helpful in brainstorming how to find the law applicable to this scenario?

Cell Phones

Serious Injury

Liability Release

Exculpatory Agreement

Snow Tubing

Negligence

Broken legs

Torts

Express Assumption of Risk

Question 46

Using the most relevant secondary sources, mark all of the following statements if they accurately reflect Washington law governing the enforceability of liability releases.

Group of answer choices

Generally speaking, a written release entered into prior to the time someone suffers an injury generally bars any claim against a defendant, even for negligence..

Liability releases are not enforceable if they violate public policy.

Liability releases are construed broadly in favor of the drafter.

Liability releases are not enforceable if they are in small print.

Liability releases do not protect defendants against acts that are considered grossly negligent.

Question 47

Using the research method of your choice, find as many reported decisions as you can in which a Washington state court denied a defense motion for summary judgment based on its analysis of the conspicuousness element. Use the copy with reference feature to copy the citation from Westlaw, then edit it so that it in passable Bluebook form.

Question 48

Describe in detail the steps you took to complete the previous question. What worked best? What didn't work so well?

Question 49

Find any reported decisions in Washington addressing whether liability releases used in the context of skiing violate public policy because skiing is an important public service or essential activity. Provide correct long and short form citations.

Updating Authority

Determine whether the following cases are still good law, and briefly describe the effect of any negative authority.

Question 50

Is Cooper v. U.S. Ski Ass'n, 32 P.3d 502 (Colo. App. 2000), still good law?

Yes/ No

Question 51

briefly describe how later reported decisions use this case. Make sure to discuss both cases in the jurisdiction and, if there are any, cases outside it. Capture why the later decisions cited and discussed Cooper. I recommend you filter cases to select ones with a high level of discussion of Cooper, not just cases that cite to Cooper.

Question 52

Is Scott By & Through Scott v. Pac. W. Mountain Resort, 834 P.2d 6 (1992), still good law?

Yes/No

Question 53

briefly describe how at least three later reported decisions use Scott. At least one of these should be negative history. Make sure to discuss both cases in the jurisdiction and, if there are any, cases outside it. I recommend you filter cases to select ones with a high level of discussion of Scott, not just cases that cite to Scott.

Extra Credit

Question 54

Draft a word email analyzing whether there is sufficient evidence to prove that the defendant in the nursing home theft scenario above is guilty of theft from a person who is especially susceptible to harm under the statute you found. Please refer back to your notes from last semester about CRAC structure and legal analysis more generally. Your answer should be concise, professional, and well-proofed, and should contain correct legal citations. This extra credit question operates as grade insurance.