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Badly written release and a bad attempt to tie two documents together almost cost the defendant outfitter. Hamric v. Wilderness Expeditions, Inc State: Colorado, United States Court of Appeals, Tenth Circuit Plaintiff: Alicia Hamric, individually, as representative of the Estate of Robert Gerald Hamric, and as next friend of Ava Hamric, a minor Defendant: Wilderness Expeditions, Inc. Plaintiff Claims: Negligence Defendant Defenses: Release Holding: For the defendant Year: 2021 Summary Deceased died while repelling with…
Hamric v. Wilderness Expeditions, Inc. ALICIA HAMRIC, individually, as representative of the Estate of Robert Gerald Hamric, and as next friend of Ava Hamric, a minor, Plaintiff – Appellant, v. WILDERNESS EXPEDITIONS, INC., Defendant-Appellee. No. 20-1250 United States Court of Appeals, Tenth Circuit July 26, 2021 Appeal from the United States District Court for the District of Colorado (D.C. No. 1:19-CV-01442-NYW) William J. Dunleavy, Law Offices of William J. Dunleavy, Allen, Texas (Stephen A. Justino,…
N.H. Fish & Game Dep’t v. Bacon, 167 N.H. 591, 116 A.3d 1060, 2015 N.H. LEXIS 34  Supreme Court of New Hampshire January 15, 2015, Argued; April 30, 2015, Opinion Issued No. 2014-158 New Hampshire Fish and Game Department v. Edward Bacon Prior History:  [***1]  6th Circuit Court — Concord District Division. NEW HAMPSHIRE OFFICIAL REPORTS HEADNOTES NH1.[] 1. Negligence > Standard of Care > Ordinary and Reasonable Care The search and rescue response statute plainly is…
New Hampshire charges for Search & Rescue. To be able to charge it must prove you were negligent. If you get hurt or need rescued you are NEGLIGENT in New Hampshire. N.H. Fish & Game Dep’t v. Bacon, 167 N.H. 591, 116 A.3d 1060, 2015 N.H. LEXIS 34 State: New Hampshire, Supreme Court of New Hampshire Plaintiff: New Hampshire Fish and Game Department Defendant: Edward Bacon Plaintiff Claims: Negligent Defendant Defenses: No proof that the…
In this case a mountain bike manufacturer sued in California by a Canadian plaintiff for an accident in Canada used the rule to move the case to Canada. It did not hurt the manufacturer that the plaintiff was playing games with the court and the plaintiff’s attorneys stretched the law in directions the appellate court did not find appropriate. Fox Factory, Inc v. The Superior Court of Santa Clara County, 11 Cal.App.5th 197, 217 Cal.Rptr.3d…
Fox Factory, Inc v. The Superior Court of Santa Clara County, 11 Cal.App.5th 197, 217 Cal.Rptr.3d 366 11 Cal.App.5th 197 217 Cal.Rptr.3d 366 Fox Factory, Inc., Petitioner, v. The Superior Court of Santa Clara County, Respondent; PETER ISHERWOOD, Real Party in Interest No. H043648 California Court of Appeals, Sixth District April 27, 2017 Superior Court of Santa Clara County, No.: 1-13-CV-245098, Beth McGowen, Judge. 11 Cal.App.5th 198 [Copyrighted Material Omitted] 11 Cal.App.5th 199 COUNSEL Paul…
Like most other states, if you signed the release, you read and agree to the release. However, that is about the only similarity to release law in other states as pointed out in this decision. McCoy v. PFWA Lacey, LLC, dba Planet Fitness, State: Washington, Court of Appeals of Washington, Division 2 Plaintiff: Carol J. McCoy Defendant: PFWA Lacey, LLC, dba Planet Fitness Plaintiff Claims: Negligence Defendant Defenses: Release Holding: For the Defendant Year:…
McCoy v. PFWA Lacey, LLC, dba Planet Fitness, Carol J. McCoy, a single person, Respondent, PFWA Lacey, LLC, a Washington limited company, dba Planet Fitness, Petitioner, and BRUNSWICK CORPORATION, a foreign corporation, Defendant. No. 54400-8-II Court of Appeals of Washington, Division 2 May 11, 2021 UNPUBLISHED OPINION Veljacic, J. Carol McCoy brought suit against Planet Fitness-Lacey for negligence after she was injured using a fitness machine. Planet Fitness filed a motion for summary judgment, arguing…