James H. Moss

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Release was effective in stopping ordinary negligence claims; however, the gross negligence claims were allowed to continue. Reed v. Union Resort, LLC, 2018 U.S. Dist. LEXIS 225856, 2018 WL 8332583 State: South Dakota, United States District Court for the District of South Dakota, Western Division Plaintiff: Brad Reed, Individually and as Joint Limited Conservators of I.R., a Minor; and Tara Reed, Individually and as Joint Limited Conservators of I.R., a Minor Defendant: Union Resort, LLC,…
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The client was not properly educated pre-trip, and the paperwork did not cover the right issues and/or say the right things. All over the news, this past ten days is a story about a lawsuit by a Mt. Everest commercial client who is suing his guide service for a refund when the trip was canceled. After arriving in base camp, the trip was canceled because the Khumbu Icefall had a 15 story serac over hanging…
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District Attorney is chasing to men who possibly set off an avalanche. District Attorney’s actions will probably kill more people. What you say may be sued against you in court, as the case with Tyler DeWitt of Silverthorne and Evan Hannibal of Vail. Read the articles listed below to get various facts about what happened. But basically, they were backcountry skiing and set off an avalanche. The debris filled cover a road and took out…
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A woman who fell off a horse while on a horseback ride. She sued for negligence, which the release stopped, product liability which the law stopped and willful and wanton conduct, which will proceed to trial. Messer v. Hi Country Stables Corp., 2013 U.S. Dist. LEXIS 2675, 2013 WL 93183 State: Colorado; United States District Court for the District of Colorado Plaintiff: Alva Messer Defendant: Hi Country Stables Corporation Plaintiff Claims: negligence; product liability; and,…
Reed v. Union Resort, LLC, 2018 U.S. Dist. LEXIS 225856, 2018 WL 8332583 United States District Court for the District of South Dakota, Western Division November 15, 2018, Decided; November 15, 2018, Filed 5:17-CV-05047-JLV Reporter Brad Reed, Individually and as Joint Limited Conservators of I.R., a Minor; and Tara Reed, Individually and as Joint Limited Conservators of I.R., a Minor; Plaintiffs, vs. Union Resort, LLC, dba Mystic Miner, Defendant. Subsequent History: Objection overruled by, Adopted…
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The plaintiff in this case signed a release to hunt, but was injured by an ATV waiting to hunt. As such the release did not apply. Wimmer v. Top Gun Guide Serv., 421 F. Supp. 3d 849, 2019 U.S. Dist. LEXIS 185888, 2019 WL 5558308 State: South Dakota Plaintiff: Anthony Wimmer Defendant: Top Gun Guide Service, Inc., John Does 1-5 Plaintiff Claims: Negligence Defendant Defenses: Release Holding: for the Plaintiff Year: 2019 Summary A release…
Messer v. Hi Country Stables Corp., 2013 U.S. Dist. LEXIS 2675, 2013 WL 93183 United States District Court for the District of Colorado January 8, 2013, Decided; January 8, 2013, Filed Civil Action No. 11-cv-01500-WJM-MJW Reporter 2013 U.S. Dist. LEXIS 2675 *; 2013 WL 93183 ALVA MESSER, Plaintiff, v. HI COUNTRY STABLES CORPORATION, Defendant. Prior History: Messer v. Hi Country Stables Corp., 2012 U.S. Dist. LEXIS 170499 (D. Colo., Nov. 30, 2012) Counsel:  [*1] For Alva Messer,…
Wimmer v. Top Gun Guide Serv., 421 F. Supp. 3d 849, 2019 U.S. Dist. LEXIS 185888, 2019 WL 5558308 United States District Court for the District of South Dakota, Northern Division October 26, 2019, Decided; October 28, 2019, Filed 1:18-CV-01001-CBK Reporter 421 F. Supp. 3d 849 *; 2019 U.S. Dist. LEXIS 185888 **; 2019 WL 5558308 ANTHONY WIMMER, Plaintiff, v. TOP GUN GUIDE SERVICE, INC., JOHN DOES 1-5, Defendants. Counsel:  [**1] For Plaintiff Anthony Wimmer: Michael W. Strain,…
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California appellate court reviews numerous issues brought by plaintiff in this skier v. skier fatality. Most important issue is the relationship between Assumption of the Risk in California and a Release. Tuttle v. Heavenly Valley, L.P., 2020 Cal. App. Unpub. LEXIS 814, 2020 WL 563604 State: California, Court of Appeal of California, Fourth Appellate District, Division Three Plaintiff: Grant Tuttle et al. Defendant: Heavenly Valley, L.P. Plaintiff Claims: Defendant Defenses: doctrines of primary assumption of…