|CALENDAR STATUS: Active|
|Myles a. Bagley v. Mt. Bachelor, Inc.|
|Astoria High School|
|Joseph S. Walsh, Kathryn H. Clarke and Arthur C. Johnson on behalf of Myles A. Bagley|
Andrew C. Balyeat on behalf of Mt. Bachelor, inc.
|*WILL NOT BE WEBCAST|
Statement of Issues:
|Myles A. Bagley v. Mt. Bachelor, Inc. (S061821) (A148231) (appeal from Dechutes County Circuit Court; opinion reported at 258 Or App 390, 310 P3d 692 (2013)).|
Plaintiff, Myles A. Bagley, has been granted review of a Court of Appeals decision that affirmed a trial court's grant of summary judgment to defendant, Mt. Bachelor, Inc., based on defendant's affirmative defense of release, with respect to plaintiff's negligence action against defendant for injuries he received while snowboarding over a jump in defendant's terrain park.
On review, the issues are:
(1) Does a negligence liability release agreement that is imposed as a nonnegotiable condition of entry to a ski area violate public policy?
(2) Is such a release agreement unconscionable under Oregon law?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: